Google
This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project
to make the world's books discoverable online.
It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject
to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books
are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover.
Marks, notations and other maiginalia present in the original volume will appear in this file - a reminder of this book's long journey from the
publisher to a library and finally to you.
Usage guidelines
Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the
public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing tliis resource, we liave taken steps to
prevent abuse by commercial parties, including placing technical restrictions on automated querying.
We also ask that you:
+ Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for
personal, non-commercial purposes.
+ Refrain fivm automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine
translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the
use of public domain materials for these purposes and may be able to help.
+ Maintain attributionTht GoogXt "watermark" you see on each file is essential for in forming people about this project and helping them find
additional materials through Google Book Search. Please do not remove it.
+ Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just
because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other
countries. Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of
any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means it can be used in any manner
anywhere in the world. Copyright infringement liabili^ can be quite severe.
About Google Book Search
Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers
discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web
at |http: //books .google .com/I
!¥^V
EQUITABLE JURISDICTION.
ORDERS AND RULES
FOR RB01ILATIN0 THE
PRACTICE OF THE CO¥NTT COUETS,
1865.
LONDON:
PRINTED BY GEORGE E. EYRE AND WIIilAM SPOTTISWOODB,
[ftiee !».]
FOB HEB MAJESTY'S BTATIONBBT OFEICB.
Cw .U.K VM
% 585
6
Rule 3.
Inspection of
documents in
possession or
control of an
opposite party.
See C. C. Rules
63, 76. and
16 & 16 Vict.
c. 86. s. 18.
Rule 4.
Summons to
witness.
Rule 5.
Compulsory
production of
documents by
parties to suit.
15 & 16 Vict
c. 86. 88. 18. &
20.
Rule 6.
Documents
unobjected to
received with-
out formal
proof.
Rule 7.
Affidavit
admission^ any expense of proving the same at the hearing shall be
paid by him^ whatever be the result of the cause^ unless the
Court shall otherwise order ; and no costs of proving any docu-
ment shall be allowed unless such notice be given, except in
cases where, in the opinion of the Kegistrar, the omission to give
such notice has been a saving of expense.
Where a party desires to inspect any document in the possession
or under the control of any other party, he may, five days before
the hearing, give notice to such other party that he or his attorney
desires to inspect the same at any place to be appointed by such
other party; and if such other party shall not appoint a con-
venient place, or allow the party giving such notice, or his
attorney, to inspect such document within three days after re-
ceiving such notice, the Judge may adjourn the hearing, and
make such order as to costs as he shall think fit.
Where a party requires the attendance of any other party, or
of any witness, either to give evidence or to produce documents,
he shall apply to the Registrar to issue a summons requiring such
other party or witness to attend the Court or the Registrar, as the
case may be, or to attend and produce documents ; and such sum-
monses shall respectively be drawn up by the Registrar, and be
issued by him to the Bailiff, who shall serve the same ; and in
every sununons to produce documents the Registrar shall insert a
description of the documents required.
Where a party served with a summons under the last rule
shall not at the hearing produce the documents required, the Court
may, upon admission or proof of the service of such summons
within a reasonable time, and that such documents are in the
possession of the party so served, and that they relate to the
matter then pending before the Court, make an order for their
production by him, and the Court may deal with them, when so
produced, and with jeJI costs occasioned by their non-production,
as may appear just : Provided that nothing herein shall prevent
the Court from receiving secondary evidence of any document
of which notice to produce has been given.
Where any documents are produced to the Court from proper
custody, they shall be read without further proof, if they appear
genuine, and if no objection be taken thereto ; and if the admis-
sion of any document so produced be objected to, the Judge may
adjourn the hearing and the party objecting shall pay the costs
caused by such« objection, in case the same shall afterwards be
proved, unless the Judge shall otherwise order.
Where a party desires to use at the hearing an affidavit by any
particular witness, or an affidavit as to particular facts, he may,
ten days before the hearing, give a notice, with a copy of such
affidavit annexed, to the party against whom such affidavit is to be
used ; and unless such last-mentioned party shall within five days
give notice to the other party that he objects to the use of such
affidavit, he shall be taken to have consented to the use thereof.
Where it shall be necessary to examine a witness de bene ease^ ^^^ ?•
application upon affidavit shall be made to the J udge to appoint an de bene es^
examiner for that purpose.
Upon the application of a party desirous to examine a witness gpeciSf^ewi-
residing out of the jurisdiction of the Courts the Judge may, if he miner.
thinks fits appoint the Registrar of the Court within the district of
which such witness resides to take the examination of such witness.
Where any witness is examined by a Registrar he shall be ex- How examina-
amined on oath^ and the Registrar shall transcribe the answers of tion conducted,
such witness^ and the deposition shall be subscribed by the witness
and the Registrar who shall have so examined him^ and shall then
be transmitted by post to the Registrar of the Court in which the
suit or proceeding is pending.
The allowance to be made to witnesses for attendance either ^J^^^cg^^j
before the Court or Registrar shall in no case exceed the highest witnesses.
rate of the allowances mentioned in the scale in the Schedule.
ORDER IV.
Suits.
Hearinff,
Upon the day on which the summons is returnable all parties Bulb i.
shall come to the Court prepared, so far as the nature of the case ^^ p^^Jed!
will admit, with evidence to enable the Judge to try the whole
matter of the suit upon the merits, and then to determine the
same by a final decree or to make such decretal order, or give
such directions for adding parties to the suit, for making inquiries,
taking accounts, realizing assets, or doing any act which the
Judge may consider necessary to enable him to make a final
decree upon a day to which the hearing may be adjourned.
A suit in equity shall be heard in open Court as plaints in the ^P^^ 2-
County Court are now tried. eanng.
Affidavits and depositions used at the hearing shall be read as .^^^^ ^'
the evidence of the person by whom they are used. ^^'
Upon the hearing the Court may dismiss the suit, or grant 'R^^ 4.
the relief asked by the plaint, or any part thereof, or may grant CTeSurderr
any other relief consistent with the case made by the plaint, or
make any order giving directions for, or with respect to, the
prosecution of the suit, as the circumstances of the case may
require, and also make such order as to costs as the Court may
think fit.
Where the Court shall order any question of fact, or any ques- Rule 5.
tion as to the amount of damages, to be tried by a jury, the Court •'^"^•
shall adjourn the hearing, and appoint a day for the trial of such 28 & 29 Vict,
question by a jury ; and thereupon the practice shall be in all re- ^' ^^' *' ^*
8
BULE 6.
Record for
trial
spects the same as that under the County Court Acts and Rules
now in force, in cases where either party has required a jury, in-
cluding the power to direct a new trial when necessary.
Where the Court shall order any question of fact, or any
question as to the amount of damages, to be tried by a jury, the
Judge shall reduce the question into writing, and the same shall
be called the " Record for Trial''
ORDER V.
Suits.
Decretal Orders,
BULE 1.
Begistrar to
draw order.
BULE 2.
Preparation of
a deed.
Rule 3.
Beceiver.
Where the Court makes any decretal order the Registrar
shall, as soon thereafter as conveniently may be, draw up, seal,
and file such order.
Where a decretal order directs any deed to be prepared and
executed, it shall state by what party the said deed shall be pre-
pared, and to whom it shall be submitted for approval.
Where upon the hearing it appears to the Court expedient that
a Receiver be appointed, such appointment shall be made by the
decretal order, whether the same be asked as part of the relief in
the plaint or not.
Where real property is ordered to be sold, the decretal
order shall direct who shall have the conduct of the sale, and
by whom the conditions and contracts of sale, and the abstract
of title, shall be prepared. And where any conditions or con-
tracts are ordered to be settled by a conveyancing Counsel it shall
name the Counsel to whom they are to be submitted.
Rule 5. Where a decretal order directs any personal property to be
??l«?£?f"^^^ sold, the same shall be sold, under the superintendence of the
High Bailiff, by public auction, unless the Court shall otherwise
order.
Bule 4.
Sale of real
property.
property.
Bule 6.
Accounts or
inquiries.
Bule 1.
Deed how^
Settled.
Where any decretal order directs any accounts or inquiries
to be taken or made, or any Acts to be done, by the Regis-
trar, High Bailiff, Receiver, or parties, it shall name a day
within which all such acts shall be done, and accounts and
inquiries completed, and shall also name a day, not less than four-
teen days after that day, on which the Registrar shall certify the
result of the accounts and inquiries, and what has been done
under such decretal order, and on which the cause will be further
heard, and if practicable a final decree made.
ORDER VI.
Execution op Decbetal Obdebs.
Where a deed is ordered to be prepared, and the parties cannot
agree upon the form thereof, the Judge may, upon the application
of either party^ settle the same himself, or name a conveyancing
I
counsel by whom the same shall be settled, subject to the final
approval of the Judge.
Where a decretal order directs that any account be taken or Rule 2.
inquiry made^ such account shall be taken and inquiry made by ^ *"^^ o^
the Registrar^ and he shall for that purpose have all the powers Registrar to be
and discharge all the duties of a Chief Clerk of the Master chief clerk.
of the Rolls or a Vice Chancellor in the Court of Chancery ; ^\^ ^^ ^^*-
and all parties prosecuting any such accounts or mquiries shall
have the same power of summoning witnesses^ including as wit-
nesses any parties in the cause^ and of examining them on such
accounts or inquiries, and of compelling the production of docu-
ments^ as they had on the original hearing ; and all rules as to the
summoning, swearings and examining of witnesses^ and the pro-
duction of documents at the hearings shall be applicable (as far as
may be) to such summoning^ swearings examining, and production
on taking any such accounts, or prosecuting any such enquiries.
Where a decretal order directs accounts to be taken^ any books j^ taking ac-
of account in which the accounts required to be taken, or any of counts, account
them, have been kept, shall, unless the Judge shall otherwise direct, ^^pks to be
be taken as prima facte evidence of the truth of the matters therein ^^ ofthe ^^"
contained, with liberty to the parties interested to take such matters therein
objections thereto as they may be advised. contained.
Every advertisement for creditors or other persons having any .^^^^^^'
claim upon or interest in the distribution of any assets to be ad- forli^uws^*
ministered by the Court, which shall be issued pursuant to any &c.
decretal order, shall direct every such creditor or other person^ by
a time, to be thereby limited, to send to the Registrar his name
and address, and the full particulars of his claim or interest and a
statement of his account, and the nature of the security (if any)
held by him^ and at the time of directing such advertisement a
time shall be fixed for adjudicating on the claims.
No such creditor or other person need make any affidavit, or rj-eSlL^*' ^' ^
attend in support of his claim^ unless he is served with a notice not attend with-
requiring him to do so, as herein- after provided. out notice.
Every creditor shall produce or transmit to the Registrar any R^b 6.
security held by him, at such time as shall be speeded in the fg^^j^"^
advertisement for that purpose, being the time appointed for documents to
adjudicating on the clauns ; and every xjreditor shall, if required, ^ produced
by notice in writing to be given by the Registrar, produce or ^ ^g^t^r-
transmit to the Registrar all other deeds and documents necessary
to substantiate his claim before the Registrar at his office at such
time as shall be specified in such notice.
Every person claiming as heir-at-law, devisee, next of kin, or Bums 7.
legatee shall, if required, by notice in writing to be given by ^^^^^
the Registrar, produce or transmit to the Registrar any pedigree produced to
or proof mentioned in such notice within such time as shall be Registrar,
therein specified.
In case any creditor or other person shall neglect or refuse to '^^^ s-
comply with the two last preceding Rules, he shall not be noTiiowS.
10
Rule 9.
Proof of debts
or claimB.
Role 10.
Notice of
allowance.
Rule 11.
Claims not
before made.
allowed any costs of proving his claim unless the Begistrar shall
otherwise direct.
At the time appointed for adjudication upon the debts or
claims, the Begistrar shall take the evidence of the executor^
administrator, or other accounting party upon such debts or
claims, and may thereupon, in his discretion, allow any of such
debts or claims without further proof, and may direct such inves-
tigation of all or any of the debts or claims not allowed, and
require such further particulars, information, or evidence relating
thereto as he may think fit, and may, if he so think fit, require
any creditor or other person to attend and prove his claim, or any
part thereof; and the adjudication on such claims as are not then
allowed shall be adjourned to a time to be then fixed.
Notice of allowance shall be given by the Begistrar to every
creditor or other person whose claim, or any part thereof, has been
allowed, and notice shall also be given by him to every such
creditor or other person as he shall think fit, to attend and prove
his claim or such part thereof as is not allowed, by a time to be
named in such notice, not being less than seven days after such
notice, and to attend at a time to be therein named, being the
time to which the adjudication thereon shall have been adjourned ;
and in case any such creditor or other person shall not comply
with such notice, his claim, or such part thereof as aforesaid, shall
be disallowed.
Any such creditor or other person who has not before sent
in the particulars of his claim pursuant to the advertisement, may
do so two days previous to any day to which the adjudication is
adjourned.
Rule 12. If any claim be sent in after the time fixed by the advertise-
Claims too late, ment (except as before provided in case of an adjournment) the
Begistrar may, upon special application, entertain the same, upon
such terms and conditions as to costs and otherwise as he
thinks fit.
Rule 13.
Allowances.
Rule 14.
Application
to Judge for
further direc-
tions mero
motu.
In taking any account directed by any decretal order, all
just allowances shall be made without any directions for that
purpose in such ordeip.
Where the Begistrar, High Bailiff, Beceiver, or any party
has by any decretal order been directed to do any act for
doing which it may be found necessary to have further direc-
tions or an order of the Court, the Begistrar shall apply to the
Judge for such direction or order, and upon such application the
Judge may give such direction or make such order as he may think
fit, or may appoint a time to hear all parties upon the application
so made by the Begistrar ; and if the Judge shall make such
appointment for hearing, the same shall operate as a stay of
proceedings in the suit until the day so appointed, if he sbsdl so
direct
11
ORDER VIL
Suits.
Absent Parties.
Where any matter is referred to the Registrar by a decretal ^^^^ '•
order, he shall, as soon as conveniently may be, ascertain if there to par^*
are any parties who, if the decretal order had been made in a
suit pending in the Court of Chancery, ought, under the 42nd
section of the 15 & 16 Vict, c. 86., to be served with a notice
under Kule 8. of such section.
Where it shall be necessary* to serve any parties with the notice ^ ^^^^ ^* ■
mentioned in the foregoing rule, the same shall be prepared by parties,
the Registrar, and issued by him to the Bailiff, who shall serve
the same, and upon such notice the party served therewith may
attend the proceedings under the decretal order.
An;^ party who shall be served with a notice under the last ^.^^? '^'
foregoing rule, may apply to the Court at the next sitting, or by to^aiy^or add
leave of the Judge at any subsequent sitting, to vary or add to decretal
to the decretal order. order.
ORDER VIII.
Suits.
Registrar's Certificate,
Where a Registrar has been ordered to certify to the Court j,^ ?^^*-
upon any matter he shall present to the Court a certificate in certificate*
writing signed by him.
The Registrar shall prepare his certificate seven days before Rule 2.
the day appointed for presenting the same, and shall give notice ^^g^^'^to
to all parties to the suit that the same lies in his office for the iie in office,
inspection of any parties interested therein or affected thereby ;
and he shall deliver a copy thereof to any person requiring the
same, upon payment of the costs of such copy.
Where any party interested in, or affected by, the Registrar's ^ ?Jl^^ ^•
certifipate desires to have the same varied, he shall apply by Registrar's
himself, his counsel or attorney, at the Court on the day certificate,
appointed for presenting the same, and the Judge shall there-
upon hear and determine such application, and shall confirm or
vary the certificate, and make such further order thereupon as
he may think fit.
If no application shall be made to vary the certificate, it shall ^ ^^^j**
be taken as confirmed, unless the Judge shall otherwise order. of oertifica^
12
KULE 1.
JPioal decree.
ORDER IX.
r
Suits.
Final Decree.
When the Court has determined all the questions raised
between the parties the Begistrar shall, as soon thereafter as
conveniently may be, draw up a final decree in accordance with
the judgment of the Court, and seal and file the same.
liULE 1.
Order under
15 & 16 Vict,
c. 86. 8. 52.
Rule 2.
Order to be
served.
BuLE 3.
Person senred
to be bound
thereby and
may appeal.
15 & 16 Vict,
c. 86. 6. 52.
ORDEE X.
Suits.
Revivor and Supplement
Upon any suit becoming abated by deaths marriage, or other-
wise, or defective in consequence of any change or transmission of
interest or liability, the Judge shall, on application of any person
having a right so to apply, make an order reviving the said suit,
or such supplementary decree or order as may have become neces-
sary in consequence of any such matters as aforesaid.
An order under the foregoing rule shall be drawn up by the
Registrar and sealed with the seal of the Court, and issued to
the Bailiff, who shall serve the same upon such person or persons
as the Court shall direct.
After service of such order, the suit shall, as between the party
by whom the order has been obtained and the party on whom it
has been served, be in the same plight and condition as it was in
before it had become abated or defective as aforesaid ; provided that
the person so served may move the Court at the next sitting,
or by leave of the Judge at any subsequent sitting, to discharge
such order, and such motion shall be made upon affidavit of the
facts relied upon to support the same.
Rule 1.
Petition.
Rule S.
Petitions by
tmstees.
ORDER XI.
Proceedings under the 5th, 6th, and 8th Clauses of
THE 1st Section.
All proceedings under the 5th and 6th clauses of the first
section of the Act shall be by petition, and such petition need
not show title except so far as is provided by the Rules in this
Order.
Where a trustee petitions under the said 5th clause for an order
in any matter relating to the trust, he shall file his petition at the
office of the Registrar, and leave thereat as many copies thereof
as there are persons beneficially interested in the due execution
of the trust, and he shall state in such petition his own name.
13
address^ and description^ and also the names^ addresses, and descrip-
tions of the persons beneficially interested, so far as he is able,
and the nature of the trust, and how created, the property or
money to which the same relates, and the substance of the order
which he seeks to obtain.
Where any guardian or trustee of auy infant petitions for an .'5^^^
order relating to the maintenance or advancement of such infant, guardian or
he shall file his petition at the oflSce of the Registrar, and where trustee of in&nt
any person, as next friend of an infant, petitions on behalf of ^^ "^^^ friend,
such infant for an order upon or against the guardian or trustee
of such infant, he shall file his petition at the office of the Regis-
trar, and leave thereat as many copies thereof as there are guar-
dians or trustees. And in such petition shall be stated the
names, addresses, and descriptions of the petitioner, and of all the
persons to whom such order is intended to relate, and shall also
state the nature of the guardianship or trust, and how created, of
the property to which the trust relates, and the substance of the
order which the petitioner seeks to obtain.
Where any person intends to apply under the 8th clause of the . ^^^ ^' f
first section of the Act, for an order in the nature of an injunction injunction,
(except as is provided in Order XII. for urgent cases) he shall
deliver at the ofiice of the Registrar a notice of his intention to
apply for the same, together with as many copies thereof as there
are persons upon or against whom such order is intended to be
obtained, and he shall state in such notice his own name, address,
and description, and, so far as he can, the names, addresses, and
descriptions of all such persons, and also the substance of the
order which the petitioner seeks to obtain.
Under this Order petitions shall be filed and notices shall be J^^^^J''
delivered at the office of the Registrar seven days before the petitions and^
sitting of the Court at which the petition is to be heard or ginng notices.
application made.
The Registrar, upon receiving any such petition or notice and ?^^^ ^•
the copies thereof, shall issue the copies under the seal of the igg^^^ces.
Court to the bailiff for service upon the respective persons to
whom they are addressed, together with a notice, signed by
himself and under the seal of the Court, informing them of the
day and hour on which the petition or application will be heard,
and that if they do not attend, either in person or by their
attorneys, such order will be made and proceedings taken as the
Judge may think just and expedient.
The Bailiff of the Court shall, four days at least before the ser^^o/' '
hearing, serve all copies of such petitions and notices. petitions and
notices.
Upon the hearing of any petition or application under this Rulbs.
Order, unless the Judge shall otherwise direct, the facts relied ^^^^
upon in support of or in opposition to such petition or application affidayit.
shall be proved by affidavit.
14
BnLE9. Where the Judge makes an order upon such petitioii or
^w^'oider. ^PpMcation, the Registrar shall, as soon thereafter as conyeniently
may be, draw up^ seal, and file such order.
Rule 10.
The preceding orders relating to suits shall^ in all cases
suits^ to extend ^1^®^® ^^^7 ^.re applicable, be construed as extending to pro-
to proceedings, ceedings under this Order.
Rule 1.
Peremptory
motions.
Rule 2.
Orders how
drawn.
Rule 3.
Orders how
drawn and
executed.
ORDER XII.
Suits and Proceedings.
Exparte Applications.
Wherever in any suit or proceeding it shall become neces-
sary to secure the possession of any property^ or to obtain security
from any person for any monies in his possession^ or to enforce
the deposit or the payment into Court thereof pending liti-
gation^ or the immediate sale of any goods or chattels^ and the
deposit or payment into Court of the purchase money thereof,
or to obtain an order in the nature of an injunction, any party
may apply exparte to the Judge, either in or out of Courts upon
affidavits setting forth the facts rendering such order immediately
necessary, and upon such application the Judge may either make
an order absolute in the first instance, or make an order to be
absolute at any time to be ordered by him unless cause be shown
to the contrary, or may make such other order or give such
directions in the matter as the Judge may think fit, and may-
order immediate execution.
The draft of all orders under the foregoing rule shall be pre*
pared beforehand by the Registrar of the Court in which such
suit or proceeding is pending, and shall be presented by the pafty
when he makes such application to the Judge to settle and
sign.
The draft so signed shall be transmitted by the applicant to the
Registrar of the Court in which the suit or proceeding is pending,
who shall draw up the order in conformity tiierewith, and seal and
file the same, and issue a copy thereof under the seal of the Court
to the Bailifi^ for service, and execution shall be issued theteon, as
by the order is directed.
Rule 1.
AmendmentflL
15 & leVictf
c. 86. 88. 49
and 53.
ORDER XIIL
Suits and Proceedings.
Amendments.
The Judge may, at or during the hearing, and before a final
decree or order be made in any suit or proceeding under the Act,
exercise all powers of amendment mentioned in the 67th section
of the Statute 19 & 20 Vict. c. 108, so far as the same may be
applicable to suits and proceedings fn equity, and also all the
15
powers and authorities of a Judge of the High Court of Chancerj ;
and "The County Court Rules^ 1857," which are numbered
respectively 91, 92, 93, 94, 96, 96, 97, 98, 99, and 100, shall
apply, so far as they are applicable, to all suits and proceedings
under this Act.
ORDER XIV.
Suits and Proceedings.
Affidavits,
Rule 1.
All affidavits shall be expressed in the first person of the Affidayits to be
deponent ZX^«.
All affidavits shall state the deponent's age, occupation, quality, Rule 2.
and place of residence, and also what facts or circumstances deposed ^^"'^f ^^^ ^
to are within deponent's own knowledge, and his means of know- be statedf^
ledge, and what facts or circumstances deposed to are known to,
. or believed by him by reason of information derived from other
sources than his own knowledge, and what such sources are.
The costs of affidavits not in conformity with the last two Rules.
preceding rules shall be disallowed on taxation, unless the Court 9?®**?^*^?*"
i_ n xi • J- J "^ts when dis-
shall otherwise direct allowed.
Before any affidavit is used it shall be filed in the office of the „.,.^^^ *•
-P/i^i-of^^^ Filing of affi-
»egi8trar. ^^^
No affidavit in which there is any knife erasure, or which is Rule 5.
blotted so as to obliterate any word, or which is illegibly written, Erasure, Mot-
or so altered as to cause it to be illegible, nor any affidavit in tion' Ac^in***'
which there is any interlineation, unless the person before whom affidavits,
the same is sworn shall have duly authenticated such interlineation
with his initials in such manner as to show that such interlineation
was made before it was sworn, shall be filed or used in any suit
or proceeding.
ORDER XV.
Suits and Proceedings.
Behearing.
No decree or order once made shall be reheard unless in any ReheM^g^to
case in which the Judge, on special grounds, shall think such rehear- be allowed on
ing necessary, and then only on such terms as the Judge may think special gronnds
just. ^^'y-
ORDER XVI.
Suits and Proceedings.
Enforcement of Decrees and Orders,
On the application of the party entitled to the benefit of ^^^ i-
the decree or order, the Registrar shall issue to the Bailiff* a copy ^^^^^
Older.
16
of such decree or order under the seal of the Court with a notice
to the party to be bound endorsed thereon, and the Bailiff^ shall
forthwith serve the same upon the party to whom such notice is
addressed.
Rule 2. jf q process shall issue to enforce any decree or order, unless by
ti^^mayl^sue. 'cave of the Judge, until three days after a copy thereof under the
8eal of the Court shall have been served upon the party to be
bound thereby.
K^B s. Where any decree or order is made for the payment of money
WaiTaiitoffi.fa. j^^^ q^^^ ^^ y^^ ^^^ ^^^^ ^ another, the Registrar shall, after
the expiration of the time, if any, appointed by the decree or
order for the payment thereof, and after the expiration of the
time limited by this order, upon application by the person having
the conduct of the suit, or by the payee, issue to the Bailiff
of the Court a writ* of fieri facias as a warrant of execution, as
provided by section 94 of 9 & 10 Vict. c. 95.
Rums 4. Where by a decree or order made in any suit or proceeding for
seaSon'or ^^" t^^ delivery up to any person of lands or tenements, goods
assistance. or chattels, either as owner thereof, or to be sold, or to be
held in possession until an order is made as to the disposition
thereof, the Registrar shall, upon the application of the person
entitled to such possession, issue to the Bailiff either a warrant of
possession, or warrant of assistance, as the case may require.
Rule 1.
Registrar to
ob^ in the re-
ceipt and pay-
ment of monies
under this Act
the Treasury
Instmctions.
Rule 2.
Payment into
Court
ORDER XVII.
Funds in Court.
All monies ordered to be paid into Court shall be received
by the Registrar, and the duties of the Registrar and the
Treasurer with respect to such monies shall be in all respects
the same as if the monies received under the Act had been
received under the authority of the County Court Acts now in
force, and all instructions issued or to be issued by the Lords
Commissioners of Her Majesty's Treasury shall apply to monies
received under the Act unless therein otherwise directed.
Where money is directed to be paid into Court, the party
directed, shall attend and pay the same into the office of the
Registrar, and obtain a receipt for the amount ; and in case of
stock, shares, or other securities, a transfer shall be made into
the names of the Registrar and Treasurer of the Court less the
brokers account and charges, and the certificate of transfer,
together with such accounts, shall be filed in the office of the
Registrar, who, with the Treasurer, shall hold such monies,
stocks, shares, or securities in trust to attend the order of the
Court
17
Where any party to a suit or proceeding is desuous of having Bulb s.
any fond in Court in which he is interested, or any part thereof ^7^!^^l^
•'--^^ • -lii* 1 n monieB under
invested, the Court may at any tune order the investment thereof; onier of Court.
and such fonds may be invested in the purchase of three per cent;
consolidated annuities^ in the names of the Treasurer and Regis-
trar of the Court for the time being, with or Avithout the name of
the person (if any) found or declared by the Court to be imme-
diately entitled to the interest of the fund, and the Court may
further order that the person (if any) so entitled shall from time
to time receive the dividends thereof.
Where the investment is in the names of the Treasurer and Ke- ^^ *'
gistrar alone, the Registrar shall from time to time receive the i^estments.
dividends oj^ all the funds so standing in their names, and shall re-
invest the dividend in the same names, except where and so far
as the Court shall otherwise direct, and shall apportion the
amount so re*invested in his books to the right accounts.
Where the sum to be invested in any case in the same interest l^^J^ 5.
does not exceed SOL in one year, the same may, if the Judge ]^^^^/
think fit, be deposited in the Post OfBce Savings Bank in the it may be
name of the Registrar for the time being in trust for the parties invested in
interested therein, and in such case the person (if any) entitled sayLffsBanks
to the interest on such sum shall be allowed to receive the
annual addition made to the same by way of interest, on such
certificate or authority from the Registrar as the Postmaster
General may from time to time require.
Where any order has been made upon any person to pay to the ^^^ 6«
Accountant-General in Chancery any sum of money under sec- ^Q^V^s^of^
tion 5. of the Act, such order shall be drawn up by the Registrar the Act.
and issued to the Bailiff of the Court ; by whom the same shall be
served personally upon the person ordered to make the payment.
... Rule 7.
Where default shall be made in the production of the certificate Where default
of the Accountant-General the Registrar shall give notice in ™*<lem pay-
writing to the Judge of the fact of such default, and the Judge countant-
may thereupon direct a warrant of execution to issue in accordance General of the
with section 5. of the Act. ^^ «^ Ch-
eery.
Where any married woman is interested in any principal Kule 8.
money, stocks, shares, or securities exceeding in value 200Z., Married
or lOZ. in annual payments, she shall be examined by the Judge
apart from her husband to ascertain whether the same shall be
paid to him or made the subject matter of a settlement, but if
she be under age the Court shall order a proper settlement to be
made.
ORDER XVIII.
Transfer of Proceedings to Court op Chancery.
If during the progress of any inquiry under Order of the Court Transfer to
it shall be made to appear that the subject matter of the suit or ^^^ ^ere**^"
12899. B ^^ ^ ^^^
18
gald«ct matter proceeding exs^eeds the amount to which the joriBdiction of the
^^^t to^ Court is limited, the Registrar may proceed with the particular
which Juris- account or inquiry which is then before him, unless he thinks it
diction is given inexpedient so to do, but he shall at the next sitting of the Court
by Act present a certificate of the state of the suit and proceedings, and if
the Judge shall be 6f opinion that such excess exists, he shall make
an Order for the transfer of the suit or matter to the Court of Chan-
cery ; and the Registrar shall make and file with the record a copy of
such certificate and Order, and shall transmit the original, together
with the Order of the Judge thereupon, under the sead of the Court,
by post or otherwise, to the office of the Clerk of Records and
Writs in Chancery, or to such other office or officer as the Lord
Chancellor may by General Order direct, and shall also send
notice, by post or otherwise, of the fact, to all parties and persons
entitled to be served with a copy of the decree.
ORDER XIX.
Appeal.
Rule 1. Where any party desires to appeal under section 18. of the
by^case*^ Act against the determination or direction of a Judge of a
13 & 14 Vict. County Court, such appeal shall be had in accordance with the
c. 61. 8s. 14. provisions of section 15. of 13 & 14 Vict. c. 6L, upon a case to
andM^i8.& ^^ Stated for the opinion of the Vice-Chancellor appointed in that
19. of the Act. behalf by the Lord Chancellor.
?^^^f ^' The notice of appeal shall be in writing, and shall be signed fay
appeal. ^^^ appellant^ his counsel or attorney, and such notice shall be sent,
together with the statement of the grounds, by post or otherwise,
to the Registrar as well as to the successful party.
EuLE 3. The pendency of an appeal shall not operate as a stay of pro-
norto^Bteyed ceedings, but the Vice-Chancellor to whom such appeal is made, or
unless Vice- the Judge from whose decree or order the appeal is made, may
Chancellor or gtay the proceedings pending the appeal, on such terms as to giving
wis^orderr" security Or otherwise as to such Vice-Chancellor or Judge may
seem fit.
Casf to be* ^^® appellant shall prepare the case for appeal, and all cases
signed by on appeal shall, unless the Judge shall otherwise order, be pre-
judge, sented to him for signature at the Court held next after the par-
ties shall have agreed upon the same ; and if the Judge approves
thereof it shall be signed by him, -and sealed with the seal of the
Court ; but where the Judge does not approve of the case sub-
mitted to him, both parties shall be summoned to attend him
where and when the Judge shall appoint, and at the place and
time so appointed both parties shall be heard as to the form of
the case^ and the Judge shall finally settle and sign the same> and
it shall then be sealed by the Begistrar.
19
Where the parties do not agree upon the form of the case to ,^rJ^^^^ ^:
be stated, the appellant shall lodge with the Registrar the draft ^^ ^^J J^*
case prepared by him, and the Registrar shall give notice to the on case, Judge
parties that the same has been so lodged, and will, on a day to be ^ settle same,
named in the notice, be presented to the Judge for his signature,
and on such day the parties may appear before the Judge, who
shall determine the form of the case, and finally settle and sign
the same, and it shall then be sealed by the Registrar.
When the case shall be so signed and sealed, a copy thereof copy of case
shall be deposited with the Registrar, and another sent by post deposited with
or otherwise by the Appellant to the successful party within l^«g"^trar-
three clear days next after the time of signing and sealing the
same, and if the Appellant do not comply with this rule the
successful party may proceed upon the decree or order unless the
Judge shall otherwise direct.
The Appellant shall, within three clear days next after the case c^se to be '
has been signed and sealed, transmit the same with a copy trandmitted.
thereof under the seal of the Court, by post or otherwise, to
the o£Sce of the Clerks of Records and Writs in Chancery, or
to such other office or officer in the Court as the Lord Chan-
cellor may by general order direct, and shall give notice, by post
or otherwise, to the successful party that he has done so; in
default whereof the successful party may proceed on the decree or
order, and shall, on the application to the Court, be entitled to
such costs as he shall have incurred in consequence of the Appel-
lant's proceedings ; provided that, instead of proceeding on such
decree or order, the Respondent, if he think fit, may, within
twenty-eight days from the signing and sealing of the case, trans-
mit it in the manner prescribed, and give the like notice to the
appellant of such transmission.
If, after the case has been transmitted, the Appellant do not I^^» 8.
prosecute his appeal, the Court of appeal may dismiss the same for "^^^^^u©-
want of prosecution, and thereupon the decree or order appealed cessftd party to
from may be prosecuted and enforced as if there had been no such proceed,
appeal, and the Respondent in the appeal shall be entitled to all
costis he may have incurred by reason of the appeal, to be recovered
as costs in the Court below. *
When the Court of Appeal shall have made a decree or order EntCT^judir-
either party may deposit the same, or an office copy thereof with ment on appeal,
the Registrar of the County Court, and upon being so deposited
such decree or order shall be filed and may be enforced as if it
had been made by the County Court.
All the rules in this Order shall apply to appeals under section 19 . ^^^ ^^•
of the Act to the Court of Chancery of the County Palatine of Lancashire
Lancaster, and the Vice-Chancellor thereof, except that the case Court of
when signed and sealed shall be transmitted to the Registrar of Chancery,
that Court.
B 2
20
OBDER XX
Duties of Begistbab.
Bulb 1. The Registrar shall keep a book^ to be called '^ The Suits and
Kegistrar Proceedings in Equity Book," and shall enter and number in such
boolu ^and Book each suit or proceeding consecutively in the order in which
enter proceed- they are entered, and shall also enter therein a note of all docu-
ings therein, ments filed and steps taken in such suit or proceeding.
Rule 2. Upon the filing of any document it shall be distinguished by
be^S^MSflhed *^® number of the plaint or petition in respect of which it is filed
by the number being endorsed thereon, and it shall be further distinguished from
of the plaint other documents filed in the suit or proceeding by placing after
an etters. ^j^^ number a distinctive letter of the alphabet.
KuLE 3. Where a Registrar rejects an affidavit under Order XIV. he
SJrwhenhf*" ^^^^ S^^® notice, by post or otherwise, to the party offering the
rejects affida-* same for filing, of and the reasons for such rejection ; and where
vits, or where any other document is so imperfect upon the face thereof, or by
^pS "" re^o^ <>f ^avi^g Wanks therein, that it cannot be easily read or
understood, the Kegistrar may refuse to file, and may return the
same by post, or otherwise, to the party offering the same, to be
re- written, or the blanks filled up.
Rule 4. Before any summons, notice, or other document, or any copy
Summons, &c. thereof, shall be issued by the Registrar, the same shall be sealed
to be sealed. "ii t n t r>t
With the seal of the Court.
Rule 5. Where the Kegistrar is required by any decretal order to make
sm^ntTime i^<l"iries or to take accounts, he shall appoint some day, being
and place for not less than twenty-one days from the date of such order, to sit
inquiries and in his office or at the Court to hear and determine all matters
^ratl**^ relating to such inquiry and accounts, and he shall forthwith pre-
pare and insert advertisements in conformity with such order,
stating the time, place, and purpose of such sitting, and shall
insert the same fourteen days previous to such sitting.
Rule 6. Upon the day so appointed the Kegistrar shall sit at the
Hewing before time and place appointed, and shall hear all parties interested,
^'**'^* their counsel or attorneys.
Rule 7. Where a Kegistrar is not prepared to certify to the Court on
ftr^rtifiSte *^® ^^7 mentioned in the order he shall apply to the Judge for an
extension of time, and state the reason for making the application,
and he shall give notice, by post or otherwise, to the parties of
the enlargement of the time and of the day on which he is to
certify.
Rule 8. Whenever a notice for appeal is given, the Kegistrar shall detain
re^nmoney *^^ proceeds of any execution which may then be in or may conae
to abide result ^^^o his hands pending such appeal, to abide the event of such
of appeal. appeal, unless the Judge shall otherwise order.
21
ORDER XXI.
Duties of High Bailiff.
Where any personal property is directed to be sold by auction, ^^^ i
the High BsolifF shall superintend the sale ; and where the pro- of p^^^l
pcrty is to be sold by private contract he shall carry out the property,
directions of the Court in respect of such sale.
The High Bailiff shall serve all documents issued to him by the Rule 2.
Registrar for service, and execute all warrants. iT'^^^ti ^^
Where a warrant shall direct the High Bailiff to take pos- Rule 3
session of, without selling or delivering to a party, any goods PoBsession
or chattels, he shall make or cause to be made an inventory or
appraisement of the goods or chattels which he may take into his
possession, and may, upon receiving as a deposit the amount
of such appraisement or sufficient security, to be approved by the
Registrar, for the safe custody, and for the delivery up of possession
upon request, of such goods and chattels, relinquish the possession
thereof on condition that the same shall be re-delivered to him
or held to abide the order of the Court.
All monies coming into the hands of the High Bailiff shall p ^^^^^•
be paid over by him to the Registrar to the credit of the suit or of money. ^
proceeding in which the same was so received by him within
twenty-four hours after he shall have received the same.
ORDER XXII.
Duties of Receiver.
Every Receiver appointed by the Court, other than the High Rule 1.
Bailiff, shall give such security by bond to the Registrar for the Receivertogiye
faithful discharge of his duties, and the payment over of money, ^^^'^^^y-
as the Court shall direct.
The Receiver shall submit to the Registrar, and the Registrar . R^e 2.
shall audit, the accounts of the Receiver, which need not be in any ^"*auditeTby*^
particular form, as soon as conveniently may be after the receipt Registrar and
or realization of the assets, and immediately after such audit shall ^^en,
pay over to the Registrar the balance found thereby to be in
his hands.
The Registrar may require any Receiver to produce any receipt, Rule 3.
accounts, and vouchers necessary for verifying the accounts, and ^*^ produce
may disallow any item not proved to his satisfaction, and may, if if ^uir^
he shall think fit, require any Receiver to verify such accounts and verify on oath,
vouchers upon oath.
i
2i
Bulb 4.
To produce
account for
audit upon
notice.
Bulb 5.
Audit once a
year.
Bulb 6.
Partieis need
not attend
audit.
Bulb 7.
Court may
order income
to be paid
direct to
parties.
The Receiver shall, at any time before the complete realization
of the assets, produce his accounts to be audited in manner pro-
vided by this Order, upon receiving seven days notice in writing
from the Registrar so to do, and such notice may be sent by post
or otherwise to the address of the Receiver.
Where the duties of the Receiver are continuous, no longer
period than one year shall in any case be allowed to intenrene
between each audit.
In no case shall it be necessary for any party to attend at the
audit of the Receiver's account, but where a party is dissatisfied
with a Receiver's account he may apply to the Court or Registrar
for a revision of the Registrar's allowances.
The Court may order the Receiver to pay over, at such time
or from time to time as it shall see fit, to the party entitled to
the beneficial interest therein, or to the guardian of any infant,
any yearly or other accruing rents or interest instead of paying
the same into Court, and to take credit for such payments in his
accounts when audited.
Bulb 1.
Proceedings
may be wholly
or partly
printed.
BULE 2.
Documents
to be sealed.
BULE 3.
Service.
ORDER XXIIL
Pbaotice.
All plaints, petitions, statements, and documents whatsoever in
any suits or matter imder the Act which are required to be filed
shall be on foolscap paper, and may be wholly or partly printed
or written, and dates and sums occurring therein may be
expressed in figures.
All judicial or official documents in any suit or proceeding,
and all copies thereof respectively issued by the Court, shall be
stamped by the Registrar with the seal of the Court.
Every document, the mode of serving which is not specially
defined by these Orders, may be served, and the service thereof
may be proved, in conformity with the practice that has hereto-
fore prevailed in the County Courts as to the service of sum-
monses, excepting so far as the same relates to the time of
service.
Where any party to a suit or proceeding changes his attorney
he shall give notice in writing of such change to the Registrar,
stating the name or firm and place of business of the new attorney,
and the Registrar shall file the notice.
Bulb 5. No suit or motion for a decree or decretal order shall be heard
fo?hefrb^° until the same shall be set down for hearing.
BuLE 6. The times of the sitting of a County Court in matters of equity
^tlnm! ^^^ ^^^^ ^^ those appointed for the transaction of the general busine^
Bole 4.
Change of
attorney.
28
of the Conrt, unless the Judge shall otherwise order and shall
appoint a special day or days for a sitting of the Court in matters
of equity.
Where any party t^ any suit or proceeding is unacquainted ^c^^^^^^^
with the Christian name of any person whose name he desires to tian name
insert in any plaint, proceeding, or document, he may describe unknown.
such person by his surname, or by his surname and the initial of
his Christian name, or by such name as he is generally known by.
Where any proceedings or documents are filed an extra copy, Copy of
in addition to the copies to be delivered under these orders, shall documents
be left with the Begistrar for the use of the Judge. j^^ ^^
The Be^strar shall transmit by post, prepaid, to the Judge, ^^^^ ^•
five days before the sitting of the Court, all copies of proceedings pj^^dinire to
and documents left for his use under these orders. be forwarded
to Judge.
Copies of all proceedings or documents shall be prepared by rulb lo.
the Begistrar for any person requiring the same, upon payment Registrar to
of the costs of such copies when the order for the same is given. ^i^ *^
Where by these Orders any act is to be, or may be, done by any . ^^^"* ^ J^
party to a suit or proceeding, such act may be done either in done ^counsel
person or by his attorney. op attorney.
Where a party acts by attorney, service of any proceeding or ^p^ 12.
document upon such attorney, or delivery of the same at his oflSce, f^^ey^^
or sending the same to him by post, shall be good service upon sufficient,
the party for whom such attorney acts, as upon the day when the except where
same is so served pr delivered, or upon which in the ordinary J^^i^jg
course of post it would be delivered, except in cases where by required,
these orders personal service upon a party is required.
Any proceeding or document may by leave of the Begistrar, be «^^P''" ^^',
served by the attorney of the party requiring to effect such leave^fl^J ^
service ; but the costs of such service, and proof thereof, shall Registrar be
not be allowed, except by order of the Judge. effected by the
^ ^ J o attorney.
Where by reason of the absence of any party, or from any other Rule 14.
sufficient cause, the service of any summons, notice, proceeding. Substituted
or document cannot be made, or ought in the opinion of the Judge
to be dispensed with, the Judge may wholly dispense with such
service, or may, at his discretion, order any substituted service or
notice by advertisement or otherwise in lieu of such service.
The Judge shall order in what newspaper any advertisements judge to order
which may from time to time be ordered in any suit or pro- in what news-
ceeding shall be inserted ; and when there is no fund in Court, tSem^'nte^tobe
the expense of such advertisements shall be paid to the Eegistrar inserted and
by the party requiring the same before they are inserted. costs thereof to
be prepaid.
All advertisements to be inserted in the London Gazette shall ^^ i^*
be transmitted to the Eegistrar of County Court Judgments t^^^^^""^
in London, who shall cause them to be classified and inserted in Gazette.
24
Bttle 17.
Conduct of
suit
Rule 18.
Court may
enlarge or
abridge periods
mentioned in
these orders.
Rule 19.
Undertaking
by next friend
to pay costs.
Rule 20.
Transfer of
suits or pro-
ceedings from
one Court to
another in cer-
tain cases.
Rule 21.
Taxing officer.
Rule 22.
Interest on
debts.
Rule 23.
Interest on
legacies.
Rule 24.
Decrees to be
registered.
Sec. 15.
Rule 25.
Forms.
Rule 26.
General prac-
tice rule.
lists under the direction of the Commissioners of: H«c Majesty'^
Treasury. ,
The Judge may order what party shall have the conduct of
any suit or proceeding, or any pai*t thereof^ and may rescind or
alter such Order, or make new Orders in that behalf, irom time to
time as he shall think fit.
The Judge may, if he think fit, enlarge or abridge any of the
times fixed by these Orders for taking any step, or filing any
document, or giving any notice, in any suit or proceeding.
Before the name of any person shall be used in any suit or
proceeding as next friend of any infant, married woman, or other
party, such person shall sign an imdertaking, in the form given
in the schedule, to be responsible for any costs to which the
plaintiff or applicant may become liable in the course of the suit
or proceeding, and such undertaking shall be annexed by the
Kegistrar to the plaint or petition.
Where suits or proceedings shall be commenced in different
Courts by parties in the same interest such suits or proceedings
shall be transferred to the Court in which the first plaint or
petition was filed, and shall there be proceeded with in the same
way in all respects as if they had been commenced in that
Court.
The Registrar shall be the taxing ofiSicer of the Court
Creditors are to be entitled to interest in respect of debts as
to such of them as carry interest after the rate they respectively
carry, and as to all others after the rate of 4?. per cent per
annum, from the date of the decretal order, and to costs of
successfully proving such debts according to the scale of costs in
that behalf.
Interest is to be computed on legacies after the rate of 4Z.
per cent, per annum, from the end of one year from the date of
the testator's death unless otherwise ordered or a different rate
is directed by the will.
A note of every decretal order or final decree made in any suit
or of an order made on a. petition shall be transmitted to the
Registrar of County Court Judgments in London, who shall
register the same under the direction of the Commissioners of
Her Majesty's Treasury.
All proceedings and documents may be in forms similar to
the forms in the Schedule to these Orders where the same are
applicable ; and in cases where no forms are provided, parties shall
frame the proceedings or documents, using as guides those con-
tained in the schedule.
The rules and forms and practice heretofore in force in the
County Courts shall, subject to these Orders, be adopted with
reference to suits and proceedings in equity, so far as they shall
be respectively applicable.
25
ORDER XXIV,
Interpketation.
In these Orders the following words shall have the several Rulb i;
meanings hereby assigned to them, over and above their several Interpretation.
ordinary meanings^ u^ess there be something in the subject or
context repugnant to such construction ; (viz.)
(1.^ The words " the Act " shall mean 28 & 29 Vict. c. 99. :
(2.) Words importing the masculine gender shall include
females :
(3.) Words importing the singular number shall include the
plural, and vice vers& :
(4.). The word "party" shall mean a party to a suit or pro-
ceeding ; and " person " shall mean any person, whether
a party to the suit or proceeding or not ; and the words
"person" or "party" shall include a body politic or
corporate :
(5.) The word " affidavit " shall include statutable affirmations,
and attestations upon honour, and the word " sworn "
shall include affirmed according to the statute and
attested upon honour :
(6.) Where any number of days is mentioned, it shall mean
" clear days :"
(7.) The word " Court " shall mean the County Court having
jurisdiction in the suit or proceeding, and the words
" Judge " and " Registrar " shall respectively mean the
Judge and Registrar of that Court :
(8.) The words " High Bailiff" shall include any assistant
bailiff lawfully appointed by the High Bailiff, and the
word "Bailiff" shall include High Bailiff.
J. B. Dasent.
D. D. Heath.
J. WORLLEDGE.
Rupert A. Kettle.
William Furner.
I approve of these Orders and Forms to come into force in all
County Courts on the 1st day of October 1865.
CRANWORTH, C.
LIST OF FORMS.
Page
1. — Undertaking by Next Friend of In&nt to be responsible for Defendant's 1 qq
Costs J ^^
2. — ^Affidavit in support of Application for substituted Service - - 29
3. — Order for substituted Service - - - - - 30
4. — Administration. — [Clause 1. of Sect. 1.] - - - - 30
By Creditor - - - - - - 30
By Legatees (Specific) - - - - - . 31
By Legatees (Pecuniary) - - - - - - 31
By Legatees (Residuary) - - - - - 31
Next of Kin - - - - - - 32
5.— Execution of Trusts. — [Clause 2. of Sect 1.] - - - - 32
6. — ^Foreclosure. — Clause 3. of Sect. 1.] - - - - - 33
Redemption - - - - - --34
7. — Specific Performance. — [Clause 4. of Sect. 1.] - - - - 34
8.— Under Trustee Relief Act— [Clause 5. of Sect. I.] - - - 35
9. — ^Under Trustee Acts - - - - - - 36
10. — Maintenance and Advancement of Infants. — [Clause 6. of Sect. 1.] - 37
11. — ^PartnersMp. — [Clause 7. of Sect 1.] - - - - - 37
12. — ^Notice of Application for Order in the nature of Injunction. — [Clause 8. 1 »q
of Sect 1.] / "***
13. — Summons on Plaint - - - - • - 39
14. — ^Notice to admit and inspect - - - - - - 40
15. — ^Application for Summons to produce - - - - - 41
16. — Summons to Witness - - - - - --42
17. — Defendant's Admission - - - - ---42
18. — ^Affidavit of Signature to Defendant's Admission - - - 42
19.— De^dant's Statements - - - - .--43
20. — ^Decretal Order. — ^Administration Suit - - - - - 44
In Creditor's Suit - - - - - . 44
In Suits by Legatees - - - - - --44
In Suits by Next of Kin ------ 44
21. — ^Form of Order under Order VI. Rule 14., or under Order XII. - - 45
22. — Form of Order under Order VI. Rule 14., or under Order XII. - - 46
23. — Decretal Order for Reference in Foreclosure Suit by Legal Mortgagee - 46
24. — Decretal Order of SsJe in a Suit by a Legal or Equitable Mortgagee or 1 . -
Person entitled to a Lien - - - - - - 1
25. — ^Decretal Order. — Dissolution of Partnership - - - - 48
26. — Final Decree for Foreclosure - - - - 49
27. — ^Partnership .--- - "Iaq
Final Decree - - - - - -/'*''
28. — Notice of Decretal Order to Absent Party - - - - 50
29. — Notice to Creditor to prove his Claim - - - - 50
30. — ^Notice to Creditor of Allowance of Claim - - - - 50
31. — ^Registrar's Certificate ------
Notice of Decretal Order - - - - -
Personal Estate Account . - - . .
References to Account . . - -
Variations from Accounts - - - - -
Special Allowances in Accounts - - - -
Rieference to Transcript of Account - - - - ^50
No Personal Estate received - - - - - ''
Funeral Expenses - - -
Debts ------
Interest on Debts - - - - -
Legacies and Annuities - . - -
Interest on Legacies - - - - -
Outstanding iState - - - - " i. kq
Real Estate - - - - . - ?• O"*
Incumbrances on Real Estate . . . -
Rents and Profits Account . - . .
No Rents and Profits received - - - -
Next of Kin - - - - . - 54
> 51
28
Page
32. — ^Notice that Registrar's Certificate may be inspected - - - 54
33. — ^Bond to be given by Receiver - - - - - 64
34. — ^Warrant of Execution on a Decree or Order of the Court for the Payment 1 gg
of Money - - - - - - - -J
35. — Warrant of Assistance - - - - - - 56
36. — ^Warrant of Possession - - - - - 57
37. — ^Notice of Change of Attorney - - - - - 58
38. — Order of Revivor .---- - -58
39. — Order of Payment of Legacy into Court of Chancery - - - 58
40. — Order of Transfer of Suit or Matter to Court of Chancery - - 59
41. — General Heading for and Endorsement on Decretal Order or Decree - 60
42. — ^Mem. to be placed at Foot of every Summons, Notice, Decree, or Order of! ^q
Court, or any other Process of the Court - - - - J
43. — Allowances to Witnesses - - - - - 60
BOOKS.
A. — Suits and Proceedings in Equity Book - - - - 61
B.— Cash Book - - - - - - - 64
C. — ^Ledger - - - - ---65
SCHEDULE OF FORMS
TO THE
COUNTY COURT ORDERS
IN EQUITY
FOR REGULATING THE
PRACTICE OF THE COUNTY COURTS.
1.
Undertaking by Next Friend op Infant to be
responsible for defendant's costs.
In the County Court of holden
at
I, the undersigned , being the next friend
of A.B,y who is an infant, and who is desirous of entering a plaint
\or of taking proceedings] in this Court against CD. of» &c.,
hereby undertake to be responsible for the costs of the said CD.
oiy &c.^ in the cause, and that if the said A.B. fail to pay to the
said CD.y when and in such manner as the Court shall order,
all such costs of such cause as the Court shall direct him to pay
to the said CD., I will forthwith pay the same.
Dated this day of
(Signed)
2.
Affidavit in support op Application for substituted
Service.
In the County Court of holden
at
In the suit of A.B. v. CD.
*
I, J»S. of [address and descriptwn]y make oath and say as
follows : —
State facts showing that Defendant has been within the jurisdiction
of the County Courts at some time not more than two years before
30
the plaint wasJiUd^ and that he is beyond the seas. Or, that upon
inquiry at his usual place of abode (if he had any), or at any other
place or places where prior to the time when the plaint was filed he
might probably have been met with, he could not be found so as to be
served, and that in either case there is just ground to believe that he
has gone out of the realm or otherwise absconded to avoid being
served^ and that service on J.N. will he effective to reach CD,
Then state Deponenfs means of knowledge of the facts deposed tOm
Sworn, &c.
3.
Obdeb fob Substituted Sebvice.
In the County Court of holden
at
In the suit of A.B. v. CD.
It appearing to me, upon the aflGidavit of that
it is desirable for the purposes of this suit that service of the
plaint be made upon at , and that such
service be deemed good service on the Defendant CD., I do
order that service of the plaint and summons in this suit be
deemed good service upon the said Defendant CD.
Dated this day of
J.S., Judge.
A.
Admin iSTBATiON.— [Clause 1. of Sect 1.]
By Creditor.
Plaint in Equity.
In the County Court of holden
at
A,B, of, &c. [address and description'\. Plaintiff,
and
CD. of, &c. laddress, and description"}, Defendant,
A.B., the above-named Plaintiff, states as follows : —
1. JE.F, late of was at the time of his death,
and his estate still is, indebted to the Plaintifi in the sum of
[here insert nature of debt and security, if any^.
2. The said KF. duly made his last Will, dated the
day of and thereof appointed CD. executor [or devised
his estate in trust, &c., or died intestate, as the case may be"].
3. The said Will was duly proved by the said CD. [or letters
of administration were granted, &a]
4. The Defendant has possessed himself of the personal [and
SI
real or the proceeds of the real] estate of the said E.F.^ and has
not paid the PlaintiiF his said debt.
5. The said E,F. died on or about the day of
aqd had his last place of abode within the juris-
diction of this Court. [ Omit this if CD, has his place of abode
within the jurisdiction of this Court^
6. The whole of the personal [and real] estate of the said JS.F.
does not exceed in amount lor value] the sum of 500/.
7. The Plaintiff prays that an account may be taken of the per-
sonal [and real] estate of the said JE.F. deceased, and that the
same may be duly administered under the decree of the Court,
and for such further or other relief as the Court may think fit.
This plaint was filed by
Attorney for the Plaintiff,
or by of
jBy Legatees (^Specific).
Omit paragraph 1. and commence paragraph 2. F,F, late of
duly made his last Will, dated the day of
and thereof appointed C.D» executor, '^ and by such will
bequeathed to the Plaintiff [A^re state the specific legacy\'^
For paragraph 4. substitute —
The Defendant is in possession of the personal estate of the
said E.F.y and, inter alia, of the said \1iere name the subject of the
specific bequest].
For the commencement of paragraph 7. substitute —
The Plaintiff prays that the Defendant may be ordered to deliver
to him the said \here name the subject of the specific bequest], or
that, &c.
By Legatees {Pecuniary).
Omit paragraph 1. and substitute for paragraph 2. E.F., late
of duly made his last Will, dated the
day of and thereof appointed CD, executor, and
by such Will bequeathed to the Plaintiff a legacy of <£* ."
In paragraph 4. substitute "legacy " for "debt."
By Legatees {Residuary).
Omit paragraph 1. and substitute for paragraph 2. E.F., late
of duly made his last Will, dated the
day of , and thereof appointed CD.
executor, and by such Will bequeathed to the Plaintiff the residue
[or a part of the residue] of his personal [or and the proceeds
of his real] estate.
In paragraph 4, substitute " the residue [or share of residue]
so bequeathed " for " said debt,"
32
Next of Kin.
For paragraphs 1, 2^ 3, and 4, substitute —
1. E.F. late of was at the time of his death
possessed and entitled of personal estate.
2. He died on or about the day of
intestate.
»
3. Letters of administration were duly granted to the I^e-
fendant, and that he has possessed himself of the personal estate
of the deceased [leave out ^^ letters of administration were dulj^
granted to the Defendant and that " if none have been ffrantetfL
4. That the Plaintiff is next of kin [or one of the next of Kinl
of the said JE.F.
5.
Execution op Trusts.
[Clause 2. of Section 1.]
Plaint in Equity.
In the County Court of holden
at
A.B, of, &c. [address and descriptioni - - Plaintifi^
and
CD, of, &c. [address and description], the or one
of the cestui que trusts {see Rule 6 of
15 §• 1 6 Vict cap, 86. sec. 42.) - - Defendant.
A,B,y the above-named Plaintiff, states as follows :— ^
1. He is one of the trustees under a deed of settlement bearing
date on or about the day of made
upon the marriage of the said E,F. and G,H,y the father and mother
of the Defendant [or a deed of assignment of the estate and effects
of E.F, for the benefit of CD. the Defendant, and other the
creditors of JE.F.]
2. The said A,B. has taken upon himself the burden of the
said trust, and is seized of [or in possession of
or of the proceeds of] the lands, tenements, and hereditaments,
[goods and chattels], conveyed [or assigned] by the before-men-
tioned deed.
3. The trust estate [or fund] does not exceed in amount [or
value] the sum of 500/.
4. The said CD. claims to be entitled to a beneficial interest
under the before-mentioned deed.
5. The plaintiff is desirous to account for all the rents and
profits of the said lands, tenements, and hereditaments [and the
proceeds of the sale of the said or part of the said lands, tene-
ments, and hereditaments, or goods and chattels, or the proceeds
of the sale of or part of the ssdd goods and chattels, or the
profits accruing to the plaintiff as such trustee in the execution of
33
the said trust] ; and he prays that the Court will take the accounts
of the said trust, and also that the nfhole of said trust estate may
be administered in the Court for the benefit of the said CD. the
defendant, and all other persons who may be interested in such
administration, in the presence of the said (7.-D., and such other
persons so interested as the Court may direct, or that the said
CD. may show good cause to the contrary.
This plaint was filed by
of
Attorney for the Plaintiff,
or by
[N.B. — Where the suit is by a cestui-que trust the plaint may be
modelled^ mutatis mutandis y on the plaint by a legatee,^
6.
FoBECLOSUBE. — [Clause 3. of Section 1 .]
Plaint in Equity
In the County Court of holden
at
A,B. of, &c. \address and description] - Plaintiff,
and
CD. of, &c. [address and description] - Defendant.
A.B.y the above-named Plaintiff, states as follows : —
1. By an indenture of mortgage bearing date on or about the
day of 18 , a freehold [copy-
hold or leaseholi] cottage, with the garden and appurtenances,
situated within the jurisdiction of this Court, were conveyed
[or assigned] by the Defendant to him the Plaintiff, his heirs [or
executors, administrators,] and assigns, for securing the principal
sum of £ together with interest thereon after the
rate of 51. per centum per annum, subject to redemption upon
payment by the said Defendant of the said principal and interest
at a day long since past.
2. There is now due from the Defendant to the Plaintiff the
sum of £ for principal and interest on the said mortgage.
3. The Plaintiff prays that the Court will order the Defendant
to pay him the said sum of £ with such further interest
as may accrue between the filing of the plaint and the day of
payment, and also the costs of this suit, on some day to be named
by the Court, and in default that the equity of redemption of the
said mortgaged premises may be foreclosed, or that the said pre-
mises may be sold, and the proceeds applied in and towards the
payment of the said principal, interest, and costs ; and he prays
that for that purpose all proper directions may be given and
account taken by the Court.
This plaint was filed by
of
Attorney for the Pluntiff,
or by
1^899. o
34
Bedehftion.
f ^
Transpose parties and also the facts in paragraph 1.
For paragraph 2. substitute —
2. There is now due from the Plaintiff to the Defendant, for
principal and interest on the said mortgage^ the sum of £
which the Plaintiff is ready and willing to pay to the Defendant^
of which the Defendant before filing this plaint had notice.
For paragraph 3. substitute —
The Defendant prays that he may redeem the said premises^
and that the Defendant may be ordered to reconvey [or re-assignj
the same to him upon payment of the' said sum of <^
and interest, with such costs as the Court may order (if any), upon
a day to be named by the Court, and that the Court will give all
proper directions for the preparation and execution of such re-con-
veyance [or assignment], and doing such other acts as may be
necessary to put him into possession of the said premises, freed
from the said mortgage.
7.
Specific Performance. [Clause 4. of Section 1.]
Plaint in Equity.
In the County Court of holden
at
A.B, of, &C. [address and description]. Defendant,
and
CD, of, &c [address and descriptiori]. Plaintiff.
A,B.^ the above-named Plaintiff, states as follows: —
1. By an agreement dated the day of
and signed by the above-named Defendant C.Z>., he the said CD,
contracted to buy of [or sell to] him certain freehold property,
therein described and referred to, for the sum of £
2. He has applied to the said CD, specifically to perform the
said agreement on his part, but that he has not done so.
3. The said A.B. has been and still is ready and willing speci-
fically to perform the agreement on his part, of which the said
CD. has had notice.
4. The Plaintiff prays that the Court will order the said A,B,
specifically to perform the said agreement, and to do all acts
hecessary to put the said A,B, in full possession of the said
property [or to accept a conveyance and possession of the said pro-
perty], and to pay the costs of the suit.
This plaint was filed by
of
Attorney for the Plaintiff,
or by
[N,B, — In suit for delivery up to be, cancelled of any agreementy
omit paragraphs 2 and 3, and substitute a paragraph stating
35
generally the grounds for requiring the agreement to be delivered
up to he cancelled^ such as that the Plaintiff signed it by mistake^
under distress^ or by the fraud of the Defendant^ and alter the
prayer according to the relief sought.^
8.
Under Trustee Belief Act. [Clause 5. of Section 1.]
Proceeding in Equity.
In the County Court of holden
at
In the matter of
The petition of A.B, of, &c. \address and description"].
Showeth,
1. That by a eed of settlementbear ing date the
day of made upon the marriage of CD. with £!.F.
certain freehold property in the settlement mentioned was con-
veyed to [or that CD. deceased, by his Will bearing date the
day of and proved on the day of
by your petitioner and G.H. in the Prerogative Court of the
Archbishop of Canterbury, certain freehold property in the Will
mentioned was devised to] the petitioner, together with G.H.y
upon certain trusts, inter alia [here set out the clause or portion of
the trust deed or will upon which the order of the Court is required].
2. That the said G,H. died on or about the day
of leaving the petitioner surviving trustee.
3. That disputes and doub^ have arisen under the clause before
set out, as to whether [here set out the specific question upon which
the opinion, advice, or direction of the Court is required].
4. That the trust estate [or fund] to which this proceeding relates
does not exceed in value the sum of 60QL
5. That the persons interested in this application are /. J. of
&c. [address and description]^ K. L. of, &c.
6. Your petitioner prays the Court to declare its opinion, advice,
or direction whether [here state specific question which the Court
is asked to determine].
This petition was filed by
of
Attorney for the Plaintiff,
or by
KB.— By Stat. 23 §- 24 Vict. c. 38. s. 9. this must be signed by
Counsel,
C 2
36
9.
Under Tbustee Acts.
Proceeding in Equity.
In the County Court of ^
holden at
In the matter of
The petition of A,B. of^ &c. [address and descriptioTi].
Showeth,
1. That CD. deceased, by his will bearing date the
day of and proved on the day of
by your Petitioner and 0,H. in the Prerogative Court of the Arch-
bishop of Canterbury, certain freehold property in the will men-
tioned was devised to [or that by a deed of settlement bearing date
the day of made upon the marriage of CD.
with E.F. certain freehold property in the settlement mentioned
was conveyed to] the Petitioner, together with G.H. upon certain
trusts.
2. That the said O.H. died on or about the day of
leaving the Petitioner surviving trustee.
3. That the said trusts are still unexecuted, and that the peti-
tioner is unable by reason of having left the neighbourhood \^or
his bodily infirmity, or any cause for relinquishing trust] further to
execute the said trusts ; that it is for the advantage of the parties
beneficially interested in the due execution of the trust that new
trustees be appointed by the Court in the place of the Petitioner.
4. That and of, &c. [address and
description\ are proper persons to appoint as such trustees.
5. That I.J, of, &c. [address and descriptioni, and L,M. of, &c.
[address and description'\y are the persons beneficially interested
in the said trust.
6. Your Petitioner prays that the said and
or some other persons to be named by the Court,
be appointed trustees in his place and stead, and that the cost of
the proceeding be ordered to be paid out of the trust fund, and
to give such directions as may be necessary for executing such order.
This petition was filed by
of
Attorney for the Plaintiff,
or by
87
10.
Maintenance and Advancement of Infants.
[Clause 6. of Section 1.]
Proceeding in Equity.
In the County Court of holden
at
In the matter of
The petition of A*B. of, &c [address, and description,']
Showeth,
1. That he is gaardian [or trustee] of CD., an infant, and
that by the will of E,F. a sum of I was bequeathed to the
Petitioner, upon trust to apply the income thereof to the main-
tenance and education of the said CD. during his minority, and
to pay the said principal sum of /. to the said CD. upon his
attaining the age of twenty-one years.
2. That the said CD. is now of the age of fourteen years or
thereabouts, and is now resident within the jurisdiction of this
Court, and the Petitioner has heretofore spent the whole of the
accruing interest upon his maintenance and education.
3. That in the opinion of your Petitioner it would be greatly
to the interest and advancement of the said CD. if a sum of I.
part of the said principal money of /., was now expended by
the Petitioner in payment to G,H. of , saddler, as a
premium to the said G.H. to take and receive the said CD, as
his indoor apprentice.
4. The Petitioner prays that he may direct him to use
and appropriate the said sum of /., partj of the said prin-
cipal trust money or sum of /. for the apprenticeship of the
said infant accordingly.
This petition was filed by
of
Attorney for the Plaintiff,
or by
11.
Pabtnbbship. [Clause 7. of Section 1.]
Plaint in Equity.
In the County Court of holden
at • .
A,B. of, &c., [address and description^ Plaintiff,
and
CD. of, &c., [address and description,'] Defendant.
A.B. the above-named Plaintiff states as follows :
1. He and and the said CD. the Defendant have been for the
space of years [or months] last past carrying on business
together at within the jurisdiction of this Court,
38
under certidn articles of partnership in writing, signed by them
respectively, [or under a certain deed sealed and executed by them
respectively, or under a verbal agreement between them, the said
Plaintiff and Defendant].
2. Divers disputes and differences have arisen between the
Plaintiff and Defendant as such partners, whereby it has become
impossible to carry on the said business in partnership i?vith
advantage to the partners.
3. The whole of the property, stock, and credits of such part-
nership do not exceed in value the sum of 500L
4. The Plaintiff desires to have tiie said partnership dissolved,
and he is ready and willing to bear his share of '^the debts
and obligations of the partnership according to the terms of the
said articles [deed, or agreement].
5. The Plaintiff prays the Court to decree a dissolution of
the said partnership, and .that the accounts of the said part-
nership trading may Ije taken by the Court, and the assets
thereof realized, and that each party may be ordered to pay into
Court any balance due from him upon such partnership account, and
that the debts and liabilities of the said partnership may be paid
and discharged and that the costs of the suit may be paid out of
the partnership assets, and that any balance remaining of such
assets, after such payment and discharge, and the payment of the
said costs, may be divided between the Plaintiff and Defendant,
according to the terms of the said articles, [deed or agreement],
or that if the said assets shall prove insufficient he the Plaintiff
and the said Defendant may be ordered to contribute in such
proportions as shall be just to a fund to be raised for the payment
of and discharge of such debts, liabilities, and C03ts. And to give
such other relief as the Court shall think fit.
This plaint was filed by
of
Attorney for the Plaintiff,
or by
[N,B. — In suits for winding up of any partnership omit the
prayer for dissolution ; but instead thereof insert a paragraph
stating the fact of the partnership having been dissolved^
12.
Notice op Application foe Obbeb in the nature of
Injunction.
[Clause 8. of Section 1.]
Proceeding in Equity.
In the County Court of holden
at
In the suit of A,B. y. CD,
Take notice that I A.B. intend to apply at the sitting of the
Court at aforesaid on the day of [or to
39
Mr.' Judge at his sittings at or at on
the day of as the case may he"] for an Order
in tbe natui'e of an injunction to restrain CD, from further pro-
secuting an action which he has conunenced against me in the
[Exchequer of Pleas to recover damages for the breach of the
contract for the specific performance of which this suit was com-
menced [or to restrain him from receiving and giving discharges for
any of the debts due to the partnership in the matter of the partner-
ship between us for the winding up of which the suit was commenced,
or from digging the turf from the land which was agreed to be
sold by him to me by the agreement the specific performance of
which this suit is commenced to enforce, or as the case may be\
Dated this day of 186
A.B.
To CD.
[N.B, — Where the order in the nature of an injunction is to be
applied for against a party whose name and address does not appear
upon any proceeding already filed in the suit, it must be stated in full
to enable the High Bailiff to serve the notice.^
13.
Summons on Plaint.
No. of Plaint in Equity.
In the County Court of holden
at
{Seal)
A,B, {^Address, description^ Plaintiff,
and
CD, [^Address y description"] Defendant.
You are hereby summoned to appear at a County Court, to be
holden at on the day of
at the hour of in the noon, to shew cause why
the relief prayed for in the plaint hereunto annexed should not
be granted.
Dated this day of 186 .
Registrar.
To CD. Defendant \_or one of the Defendants'],
N.B. — If you do not attend either in person or by your attorney
at the time and place above mentioned, such decree or order will
be made and proceedings taken as the Judge may think just and
expedient
{^Endorsement on Summons],
If you desire to lessen the amount of costs which you may be
put to, you should follow such of these directions as may apply.
If you desire to admit the truth of the allegations in the plaint.
40
and to submit to the judgment of the Court, you may, at any time
before the return day of the original summons, appear before the
Registrar, and in his presence sign an admission of the truth of the
plaint and a consent to abide by and perform any decree or order
the Court may make.
If you desire to disclaim any interest in the subject matter
of the suit^ or if you intend at the hearing to deny any of the
statements in the plaint, or raise any question of law upon such
statement without admitting the truth thereof, you may deliver
to the Registrar, within eight days after the service of the
summons upon you, a statement signed by you to that effect.
If you intend to rely on a set-off, infancy, coverture, a statute
of limitation, or a discharge under a bankrupt or an insolvent
Act, as a defence, you must give notice of such special defence to
the Registrar five clear days before the day of hearing, and such
notice must contain the particulars required by ** The County
Court Rules, 1857; and you must deliver to the Registrar as
many copies of such notice as there are Plaintiffs, and an addi-
tional copy for the use of the Court. If your defence be a set-off,
you must, with each notice thereof, deliver to the Registrar a
statement of the particulars thereof.
Summonses for witnesses and for the production of documents
will be issued upon application at the office of the Registrar of the
Court upon payment of the proper fee.
14.
Notice to -Admit and Inspect.
In the County Court of holden
at
In the suit of A.B. v. CD.
Take notice that the Plaintiff [or Defendant or Petitioner]
proposes to adduce in evidence on the trial in this cause [or
matter] the several documents hereunder specified, and that Ae
same may be inspected by the Defendant [or Plaintiff or Peti-
tioner], his attorney or agent, at on ,
between the hours of ; and the Defendant [or Plaintiff,
or Petitioner] is hereby required, within forty-eight hours from
the last-mentioned hour, to admit that such of the said documents
as are specified to be originals were respectively written, signed,
or executed as they purport respectively to have been ; that such
as are specified as copies are true copies ; and that such documents
as are stated to have been served, sent, or delivered,* were so
served, sent, or delivered respectively, saving all just exceptions
to the admisibility of all such document as evidence on such trial.
Dated the day of
G.H,, Attorney for
To U,F., Attorney for .
41
OsiaiKALS.
Descriptioii of the Documents.
Date.
Copies.
Description of Documents.
■
Dates.
Original or Duplicate served,
sent, or deUvered, when,
how, and by whom.
15.
Application fob Summons to Produce.
In the County Court of holden
at
In the suit of A.B. v. CD.
To the Registrar of the above Court.
I A^B. [or CZ>.] hereby apply for a summons to issue, calling
upon of to attend the
Cburt upon the day of , and then and there to
produce the following documents.
A.B. [or CD.]
Originals.
Description of the Documents,
Date.
Copies.
Description of Documents.
Dates.
Original or Duplicate served,
sent, or delivered, when,
how, and by whom.
•
42
16.
. Summons to Witness.
No. of Plaint in Equity.
In the County Court of holden
at
In the suit of A.B, v. CD.
You are hereby required to attend at [ Court House in ]
on the day of 186 , at
the hour of in the noon^ to give evidence in the
above cause on behalf of the [Plaintiff or Defendant^ as the case
may be'], and then and there to have and produce [the several
documents hereunder specified], and all other books, papers, writings,
and other documents relating to the said action, which niay be in
your custody, possession, or power. In default of your attendance,
you will be liable to a penalty of 10/.
Dated this day of 186 .
Registrar.
To
[Here insert list of documents mentioned in the application for the
Summons,]
17.
Defendant's Admission.
In the County Court of holden
at
In the suit of A.B. v. CD.
I, the undersigned Defendant, admit the truth of the allegations
in the plaint, and hereby submit to the judgment of the Court
thereon.
(Signed) CD., Defendant
Signed in the presence of
[ This paper marked (A) is the paper referred to in the annexed
affidavit.]
18.
Affidavit of Signatuee to Defendants' Admission.
No of Plaint of Equity.
In the County Court of holden
at
In the suit of A.B. v. CD.
I, of gentleman, an attorney of Her
Majesty's Court of at Westminster, make oath and
4S
sav^ that I was present on the . day of
one thousand eight hundred and sixty , and did see
the above-named CD., the Defendant, sign the statement hereunto
annexed^ marked with the letter A^ and that the name set to
the said statement is in the handwriting of the Defendant^ and
that the name set to the said statement as the witness attesting
the same is in my handwriting.
Sworn at in the County of
this
day of one thousand eight
hundred and sixty , before me
19.
Defendant's Statements.
In the County Court of holden
at
In the suit of A,B. v. CD.
I the undersigned Defendant \or one of the Defendants]
disclaim all interest under the will of the said E.F. in the plaint
named [or as heir-at-law of, or as next of kin, or one of the next of
kin of E.F. deceased in the said plaint named].
Or, 1 the undersigned Defendant state, that I admit [or deny]
[here repeat in the language of the plaint the statements admitted
or denied^.
Or, I the undersigned Defendant submit that upon the facts
stated in the plaint it does not appear that there is any agreement
which can be legally enforced [or that it appears upon the said
plaint that I am jointly liable with one E,F.y who is not a party
to the suit, and not severally liable as by the plaint appears, or
that it appears by the said plaint that G,H. should have been a
joint Plaintiff with the said A,B, in the said suit, or as the case
may he\
Or that the Plaintiff has conveyed [or assigned] his interest in
the said mortgage [or equity of redemption] to one LJ. [or that I
have conveyed or assigned to H.L. by way of further charge for
securing the sum of /., the equity of redemption in
the property sought by the suit to be foreclosed].
Or that since the dissolution of the partnership the Plaintiff
has executed a deed under seal, whereby the Plaintiff covenants
to discharge all debts and liabilities. of the partnership, and gene-
rally to release me from all claims and liabilities either by or to
himself and others in respect of the said partnership trading, or
as the case may Je.]
(Signed) CD^^ Defendant.
Where filed hy attorney add —
This statement was filed by
of
Attorney ^for the Defendant.
44
20.
D£CB£TAL ObDEB. — AbMINISTBATION SuIT.
In the County Court of holden
at
In the Suit of A.B. v. CD.
Or
In the matter of the Petition of A.B.'^
It is ordered that the following accounts and inquiries be
taken and made ; that is to say^
In Creditor's Suit
1. That an account be taken of what is due to the Plaintiff and
all other the creditors of the deceased.
In Suits by Legatees*
An account be taken of the legacies given by the testator's will.
In Suits by Next of Kin.
An inquiry be made and account taken of what, or of what
share, if any, the Plaintiff is entitled to as next of kin [or one of
the next of kin] of the intestate.
[After the first paragraph^ the Decretal Order will, where neces^
sary, order, in a creditor's suit, inquiry and accounts for legatees,
devisees, heirs-at-law, and next of kin. In suits by claimants other
than creditors, after the first paragraph in all cases an order to
inquire and take an account of creditors will follow the first para-
graph, and such of the others as may be necessary will follow,
omitting the first formal words. The form is continued as in a
credito7''s suit.^
3. An account of the funeral and testamentary expenses.
4. An account of the personal estate of the deceased come to
the hands of the Defendant, or to the hands of any other person
by his order or for his use.
6. An inquiry what part (if any) of the personal estate of the
deceased are outstanding and undisposed of.
6. And it is further ordered, that the Defendant do, on or before
the day of next, pay into Court all sums of
money which shall be found to have come to his hands, or to the
hands of any person by his order or to his use.
7. And that if the Registrar shall find it necessary for carrying
out the objects of the suit to sell any part of the personal estate
of the deceased, that the same be sold accordingly.
8. And that Mr. be receiver in the suit
[or proceeding], and receive and get in all outstanding debts
and outstanding personal estate of the deceased, and pay the same
into the hands of the Registrar, [and shall give security by bond
for the due performance of his duties to the amount of /. ]
9. And it is further ordered, that if the personal estate of the
deceased be found insufficient for carrying out the objects of the
suit, then the following further enquiries be made^ and accounts
taken; that is to say,
45'
10. That an enquiry be made what real estate the deceased
was seised of or entitled to at the time of his death.
11. What are the incumbrances (if any) affecting the real
estate of the deceased, or any part thereof.
12. An account^ so far as possible, of what Is due to the several
incumbrancers, and to include a statement of the priorities of such
of the incumbrancers as shall consent to the sale herein-after
directed.
13. And that the real estate of the deceased, or so much thereof
as shall be necessary to make up the fund in Court sufficient
to carry out the object of the suit^ be sold, with the approbation
of the Judge, free from incumbrances (if any) of such incum-
brancers as shall consent to the sale, and subject to the incum-
brances of such of them as shall not consent.
14. And it is ordered, that shall have the
conduct of the sale of the real estate, and shall prepare the
conditions and contracts of sale, and the abstract of title, subject
to the approval of the Registrar, and that in case any doubt or
difficulty shall arise the papers shall, with the like approval, be
submitted to , Esquire, to settle.
15. And It is further ordered, that, for the purpose of the
inquiries hereln-before directed, the Registrar shall advertise in
the newspapers according to the practice of the Court, or shall
make such Inquiries in any other way which shall appear to the
Registrar to give the most useful publicity to such inquiries.
16. And it is ordered, that the above Inquiries and accounts be
made and taken, and that all other acts ordered to be done be
completed, before the day of and
that the Registrar do certify the result of the inquiries, and the
accounts, and that all other acts ordered are completed, and have
his certificate In that behalf ready for the* Inspection of the parties
on the day of
17. And lastly it is ordered, that this suit [or matter] stand
adjourned for making a final decree to the day
of
[Suck part only of this Decretal Order is to be used as is
applicable to the particular case,'\
21.
FoBM OF Obder under Order VI. Rule 14., or under
Order XII.
In the County Court of » holden
at
In the suit of A.B. v. CD.
It appearing to me that it will be for the benefit of the estate
that the remaining outstanding debts be sold, I do order that the
debts now due to the estate of E.F. the testator [or intestate] in
the plaint in this suit mentioned be sold as soon as conveniently
46
may be by [the receiver] by private contract [or
public auction] for the highest price that can be obtained for
the same. •
Dated this day of
J,S., Judge.
22.
FoBM OP Order under Order VI. Eule 14., or under
Order XIL
In the County Court of , holden
at
In the suit of A.B. v. CD.
It a ppearing to me that it is necessary for carrying out the
objects of this suit that the real estate [or part of the real estate]
of the deceased be sold, I do order that all that freehold [copyhold
or leasehold] messuage or tenement, &c., [settinff out parcels as in
last conveyance'] being the real [or part ot the real] estate of E.F.
late of in the county of deceased,
the testator [or intestate] in the plaint in the suit mentioned,
be offered for sale by public auction at the Hotel
at by Mr. auctioneer, and be
then and there sold [provided the sum bid for the same be not less
than £ or] to the highest bidder without reserve.
Dated this day of
t/iiS, Judge.
23.
Decretal Order for Keference in Foreclosure Suit
BY Legal Mortgagee.
In the County Court of , holden
at
In the suit of A.B, v. CD.
It is ordered that it be referred to the Begistrar to take an
account of what is due to the Plaintiff for principal and interest
on the mortgage mentioned in the plaint (making allowance on
one side or the other for any rents or profits received by the
Plaintiff and for any sums of money lawfully expended by the
Plaintiff about the mortgaged premises), and to tax the Plaintiff^s
costs of this suit, and that the Registrar do certify to the Court
on the day of what he shall find to be due
for principal and interest as aforesaid, and for costs : And upon the
Defendant paying into Court what shall be certified to be due to
the Plaintiff for principal and interest as aforesaid, together with
the said costs, within six months after the Registrar shall have pre*^
47
sented his certificate ; it is ordered that the Plaintiff do re-convey
the said mortgaged premises, free and clear from all encumbrances
done by him, or any claiming by, from, or under him, and do deliver
up to the Registrar all deeds and writings in his custody or power
relating thereto and that upon such reconveyance being made,
and deeds and writings being delivered up, the Registrar shall
pay out to the Plaintiff the said sum so paid in as aforesaid, for
principal, interest, and costs ; but in default of the Defendant
paying into Court such principal, interest, and costs as aforesaid
by the time aforesaid, then it is ordered that the Defendant do
stand absolutely debarred and foreclosed of and from all equity of
redemption of, in, and to the said premises, and the Registrar is
to settle the conveyance if the parties differ about the same ; and
it is further ordered, that after the expiration of the said six
months, the Plaintiff shall be at liberty to apply to the Court for
a final decree for the foreclosure of the said mortgage.
[iVIfi. — Where the state of the account is ascertained at the first
hearing 9 instead of the order of reference to the Registrar ^ begin^
It is declared that the sum of £ is now due to the
Plaintiff for principal and interest on the mortgage mentioned
in the Plaint, and it is ordered that the Registrar do tax the
Plaintiff's costs of this suit, and that]
24.
Decretal Order op Sale in a Suit by a Legal or
Equitable Mortgagee or Person entitled to a Lien.
In the County Court of holden
at
In the suit o{ A.B. v. CD.
It is ordered that it be referred to the Registrar to take an
account of what is due to the Plaintiff for principal and interest
on the mortgage \or equitable mortgage or lien] mentioned in the
plaint, and to tax the PlaintifPs costs of this suit, and that the
Registrar do certify to the Court on the day
of what he shall find to be due for principal and
interest as aforesaid, and for costs: And upon the Defendant
paying into Court what shall be certified to be due to the Plaintiff
for principal and interest as aforesaid, together with the said costs,
within six months after the Registrar shall have presented his certi-
ficate ; it is ordered that the Plaintiff [do re-convey the said mort-
gaged premises free and clear from all incumbrances done by him,
or any claiming by, from, or under him, and] do deliver up to the
Registrar all deeds and writings in his custody or power relating
thereto, and that upon such re-conveyance being made, and deeds
and writings being delivered up, the Registrar shall pay out to the
Plaintiff the said sum so paid in as aforesaid for principal, interest,
and costs ; but in default of the Defendant paying into Court such
48
principal^ interest, and costs as aforesaid by the time aforesaid^
then it is ordered that the said mortgaged premises [or the premises
subject to the said equitable mortgagee or lien] be sold with the
approbation of the Registrar : And it is ordered that the money
to arise by such sale be paid into Court, to the end that the same
may be duly applied in payment of what shall be found due to the
Plaintiff for principal, interest, and costs as aforesaid, and that the
balance (if any) shall be paid to the Defendant
25.
Decretal Obdeb. — ^Dissolution op Pabtnershif.
In the County Court of holden
at
In the suit of A.B. v. CD.
It is declared that the partnership in the plaint mentioned
between the Plaintiff and Defendant ought to stand dissolved as
from the day of and it is ordered
that the dissolution thereof as from that day be advertised in the
London Gazette, &c.
And it is ordered that be the receiver of the
partnership estate and effects in this suit, and do get in all the
outstanding book debts and claims of the partnership.
And it is ordered that the following accounts be taken :
1 . An account of the credits, property, and effects now belong-
ing to the said partnership.
2. An account of the debts and liabilities of the said partner-
ship.
3. An account of all dealings and transactions between the
Plaintiff, and Defendant from the foot of the settled account
exhibited in this suit and marked (A,) and not disturbing any
subsequent settled accounts.
And it is ordered that the good will of the business heretofore
carried on by the Plaintiff and Defendant as in the plaint
mentioned, and the stock in trade, be sold on the premises,
and that the Registrar may, on the application of any of the
parties, fix a reserved bidding for all or any of the lots at such
sale, and that either of the parties are to be at liberty to bid at
the sale.
And it is ordered that the above accounts be taken, and all
the other acts required to be done be completed, before the
day of and that the [Registrar
do certify the result of the accounts, and that all other acts are
completed, and have his certificate in that behalf ready for the
inspection of the parties on the day of
And lastly it is ordered that this suit stand adjourned for
making a final decree to the day of
49
26.
Final Decree for Foreclosure.
In the County Court of , holden
at •
In the suit of A»B. v. GZ>.
Whereas it appears to the Court that the Defendant has not
paid into Court the sum which was on the
day of last certified by the Begistrar
to be due to the Plaintiff for principid and interest upon the
mortgage in the plaint mentioned, and for costs, pursuant to the
decretal order made in this suit on the day of
last, and that the period of six months has elapsed
since the said day of
It is ordered that the Defendant do stand absolutely debarred
and foreclosed of and from all equity of redemption of, in, and
to the said mortgaged premises.
27.
Partnership.
Final ^Decree,
In the County Court of holden
at
In the suit of A.B, v. CD.
It is ordered that the fund now in Court, amounting to the sum
of £ be applied as follows :
1. In payment of the debts due by the partnership set forth in
the Registrar's certificate, amounting in the whole to £
2. In payment of the costs of all parties in this suit, amounting
to «£^ [ These costs must be ascertained before the decree
is drawn up!\
3. In payment of the sum of £ to the Plaintiff as
his share of the partnership assets, and of the sum of £ ,
being the residue of the said sum of £ now in court
to the Defendant as his share of the partnership assets.
[^Ory And that the remainder of the said sum of £
be paid to the said Plaintiff [or Defendant] in part payment of
the sum of £ certified to be due to him in respect of
the partnership accounts.
And that the Defendant [or Plaintiff] do, on or before the
day of pay to the Plaintiff
\or Defendant] the sum of £ being the balance
of the said sum of £ due to him which will then
remain due].
I *. — J -.^ i
12899.
50
28.
Notice of Deoketal Order to absent Party.
In the County Couit of 9 holden
at
In the suit of A,B. v. CD,
Take notice that on the day of the
decree of which a copy is hereunto annexed was made in tlus
cause^ and that from the service of this notice you will be bound
by the proceedings in the above cause in the same manner bs if
you had been originally made a party to the suit^ and that you
may attend the proceedings under the said decretal order, and tfaa^
you may apply to the Court to add to the decretal order.
Registrar.
To
29.
Notice to Creditor to prove his Claim.
In the County Court of holden
at
In the suit of A,B. v. CD,
You are hereby required to prove the claim sent in by you
agidnst the estate of A*B. deceased^ by filing such affidavit as you
may be advised in support thereof, and by giving notice thereof
to me, on or. before the day of next, and by
attending at my office on the day of
186 , at o'clock in the noon, being the time
appointed for adjudicating on the claim.
Dated this day of 186 ,
To
B^istrar.
30.
Notice to Creditor of Aixowaxoe of Claim.
«
In the County Court of holden
at
In the Suit of A.B. v. CD,
The claim sent in by you against the estate of A.B,^ deceased,
has been allowed at the sum of with interest thereon at
per cent., per annum, from the day of
186 , and for costs.
51
\Ifpart only allowed^ add^ If you claim to have a largeiitsum
allowed, you are hereby required to prove euch further (£dm, by
filing such affidavit as you may be advised in support thereof, and
by giving notice thereof to me on or before the day
of nextj and by attending at my office on the
day of 186 , at o'clock in the noon.
Dated this day of 186 .
B^strar.
31.
Registbab's Cebtifigats.
In the County Court of holden
at
In the Suit of A.B. v. CD.
In obedience to the decretal order of this Court made in the
above suit, I hereby certify that the result of the accounts and
inquiries [or of the sale and apportionment] which have been
taken and made in pursuance of the made in this
dated the day of 186 ,
is as follows.
The Flainti£& and Defendants have attended by themselves or
by their respective attomies.
Notice of Decretal Order.
Notice of the said decretal order of the day of
186 ^ has been served upon
The persons so served include all the now living
and the personal representatives of such of them as are dead,
except such as are parties to this suit, and except
herein-after named
Service of notice of the said decretal order upon upon the said
was dispensed with.
Personal Estate Account.
The Defendant the executor [or administrator]
of the testator [or intestate] named in the said
have received personal estate to the amount
of £ and they have paid or are entitled to be allowed on
account thereof sums to the amount of £ leaving a
balance due from [or to] them of £ on that account.
References to Account.
The particulars of the above receipts and payments appear in
the account marked A. verified by the affidavit of the said
Defendant filed the day of
D 2
52
and the account marked B. verified by the affidavit
of filed the day of
and which accounts are to be filed with this certificate.
Variations from Accounts.
Except that in addition to the sums appearing in such account
to have been received, the said Defendant \or Plaintiff] is \or are]
charged 'with the following sums, (that is to say,) £
and except that of the items of disbursement in the said account 1
have disallowed those numbered and I have deducted
from the item numbered the sum of £
and from the item numbered the sum of £
and in addition to the disbursements appearing in such account the
said Defendant ha paid and been allowed the sum of £
Special Allowances in Accounts,
The payments allowed to the said Defendant {or Plaintiff] in
the said account include the sum of £ paid into Court
to the credit of this cause, on the day of
186 .
Reference to Transcript of Account.
The before-mentioned account marked A. has been altered, and
the account marked A. B., and which is also to be filed with the
certificate, is a transcript of the said account marked A. as altered
and passed.
No Personal Estate received.
The Defendant the executor [or administrator ]
of the testator [or intestate] named in the said have
not, nor hath any or either of them, or any person or persons by
their or any or either of their order, or for their or any or either
of their use, received any part of the personal estate of the said
testator [or intestate].
Funeral Expenses,
The funeral expenses of the testator [or intestate], amounting
to the sum of £ have been paid and are allowed the
Defendant [or Plaintiff ] the executor [or administrator]
of the said testator [or intestate] in the said account of personal
estate [herein-after mentioned].
DebU.
The debts of the testator [or intestate, including the Plaintifis]
which have been allowed are set forth in the Schedule
hereto, and, with the interest thereon, and costs mentioned in the
said Schedule, are due to the Plaintiff and the other persons
therein named, and amount altogether to • No other
person has been allowed, or come in and proved, any debt against
the estete of the said testator [or intestate], and the time fixed by
advertisement for that purpose has expired.
Such of the said debts as are specialty are set forth in the first
part of the said Schedule, and amount to £ ;
Is
53
such as are simple contract are set forth in the second part of
said Schedule, and amount to £
Interest on Debts,
The interest on such debts is computed down to the date of this
Certificate, and after the rate of 4^ per centum per annum, from
the day of 186 the date of the
said decretal order unless otherwise specified in the said Schedule.
Legacies and Annuities,
The legacies given by the testator, other than annuities, are set
forth in the first part of the Schedule hereto, and, with
the interest therein mentioned, remain due to the persons therein
named, and amount altogether to £
The annuities given by the testator, with the arrears due thereon,
are set forth in the second part of the said Schedule.
Such arrears amount to £
Interest on Legacies,
The interest on such legacies is computed down to the date of
this certificate, and after the rate of 4Z. per centum per annum,
from the day of 186 , the end of
one year after the testator's death, unless otherwise specified in the
said Schedule.
The arrears of the annuities are computed to the date of this
certificate, and from the testator's death, unless otherwise specified
in the said Schedule.
Outstanding Estate,
The personal estate of the said testator \or intestate] [not
specifically bequeathed] outstanding or undisposed of consists
of the particulars set forth in the Schedule hereto.
Real Estate,
The real estate which the said testator [or intestate] was
seised of or entitled to consists of the particulars set forth in the
Schedule hereto.
Incumbrances on Real Estate.
The incumbrances affecting the said testator's [or intestate's]
real estate are specified in the Schedule hereto.
Rents and Profits Account
The Defendants [or Plaintiff ] the trustee named
in the said decretal order have received rents and profits of the
testator's real estate to the amount of £ and
they have paid or are entitled to be allowed on account thereof
sums to the amount of £ leaving a balance due from
[or to] them of £ on that account.
No Rents and Profits received, '
The Defendants [or Plaintiff ] the trustees named in
the sud decretal order have not, nor hath any or either of them
54
or any person or persons by their or any ox either of their order^
or for their or any or either of their nse, received any sum or sums
of money on account of the rents and profits of the testator's [or
intestate's] real estate.
Next of Kin.
The next of kin^ according to the statutes for the distribution
of the efiects of intestates, of the intestate named in
the said living at the time of his death were
of whom the said have since
died.
The legal personal representative of the said
The legal personal representative of the said
The legal personal representative of the said
Dated this day of
Registrar.
32,
Notice that Registrar's Certificate may be inspected.
In the County Court of , faolden
at
In the suit of A.B. v. CD.
Take notice that the certificate of the result of the inquiries
made and accounts taken by me under the decretal order of this
Court made on the day of in this cause, lies
in my office and can be inspected by you up to and inclusive of
the day of [here insert the day before the
cause is to be further heard].
Dated this day of
To
Registrar.
33.
Bond to be given by Receiver.
Know all men by these presents^ that we, A.B. of, &c., and CD.
of, &c., and JS,F. of, &c., are jointly and severally held and firmly
bound to G.H., Registrar of the County Court of
holden at ,m£ to be paid to the said G.H., or
his certain attorney, executors, administrators, or assigns. For
which payment to be made we bind ourselves, and each and every
of us, in the whole, our and each of our heirs, executors, and ad-
ministrators, jointly and severally, firmly by these presenti.
Sealed with our seals, and dated this day of
one thousand eight hundred and
lil
55
And vrlieireas a plfdnt in equity has been filed in this Court by
A.B. agaJTiafc CD. for the purpose of [here insert object of suit].
And vrliexeas the said AB. has been appointed^ by Order of the
abDve-men-tioned Courts to receive the rents and profits of the
real {or freehold or copyhold or leasehold] estate [or estates] [and
to get in -the outstanding personal estate] of (f.D.^ the testator
in the said plaint named.
l^omr xYxe condition of this obligation is such^ that if the above
bounden ^,B, do and shall duly account for all and every the sum
and snms of money which he shall so receive on account of the
rents and profits of the real estates^ and in respect of the personal
estate^ of the said CD. [or as may be"] at such periods as the said
Conrt Bhall appoint, and do and shall duly pay ^e balances which
shall from time to timp be certified to be due from him as the
8^d Court hath directed or shall hereafter direct, then this obliga-
tion shall be void and of none effect, otherwise shal] remain in
SviU. force and virtue. ;:
A.B. (l.8.)
CD, (l.s.)
Signed, sealed, and delivered by the above
bounden in the presence of
Note. — If deposit of money be made the memorandum thereof
should follow the terms of the condition of the bondy and toill not
require a stamp.
34.
Warrant of Execution on a Decree or Order of
THE Court for the Payment of Monet. ;
In the County Court of holden
at
In the suit of A,B. v. CD.
Whereas on the day 186 this
Court did, in the matter of this suit, decree [or order] that J.B.
[or CD.'\ ^hould pay to CD. [or A.B.] [or should pay into
Court] the sum of : And whereas a copy
of such decree [or order] was duly served upon A.B. lor CD.]
as the case may be : And whereas the said A.B. [or CD."] has
not paid the said sum of money according to the said decree
[or order] : These are, therefore, to require and order you forth-
with to make and levy, by distress and sale of the goods and
chattels of the said A.B. [or CD.], wheresoever they may be
found within the district of this Court, (excepting the wearing
apparel aod bedding of him or his family, and the tools and imple-
ments of his trade, if any, to the valuQ of five pounds,) the sum
stated at the foot of this warrant, being the amount directed to be
paid by the said decree [or order], including the costs of this
execution, and also to seize and take any money or bank notes
56
(whether of the Baak of England or of any other bank), and any
cheques, bills of exchange, promissory notes, bonds, specialties, or
securities for money, of A,B, [or CD.] which may there be found,
or such part or so much thereof as may be sufficient to satisfy this
execution, and the costs of making and executing the same, and
to pay what you shall have so levied to the Begistrar of this
Court, and make return of what you have done under this warrant
immediately upon the execution thereof.
Given under the seal of the Court, this day
of 186 .
By the Court,
, Registrar.
To the High Bailiff of the said Court,
and others the Bailiffs thereof.
Amount ordered to be paid - - •
Costs -----
Total amount to be levied
35.
Warrant op Assistanck.
In the County Court of holden
at
In the suit of A,B. v. CD.
Whereas, according to the tenor and true meaning of a decree
[or an order] bearing date the day of
186 , made in the matter of this suit, the said Defendant CD.
was ordered to deliver up possession to A.B, in the said order
named of all that, 8fc, [_as in order'] : And whereas a copy of such
decree [or order] was duly served upon the said C.2>., yet never-
theless he the said (7.Z>., and other ill-disposed persons, his accom-
plices, have refused to pay obedience thereto, and detain and keep
the possession of the said house [or tenement and premises] :
These are, therefore, to authorize and require you to forthwith enter
into and upon the said messuage [or tenement and premises], and
that you do remove, eject, and expel the said CD.^ his tenants,
servants, and accomplices, each and every of them, out of and
from the said messuage [or tenement and premises], and every
part and parcel thereof, and that you do place and put the said
A.B. and his assigns into the full, peaceable, and quiet possession
thereof, and defend and keep him and his said assigns in such
peaceable and quiet possession when and as often as any interrup-
tion may or shall from time to time be given or offered to them or
57
any of them^ according to the true intent and meaning of the said
order ; and herein 70a are not in anywise to ful.
Griven under the seal of the Courts this day
of 186 .
By the Court.
, Registrar.
To the High Bailiff of the said Courts and
others the Bailiffs thereof.
36.
Warrant of Possession.
In the County Court of holden
at •
In the suit of A.B. v. C.X).
Whereas on the day of 186 .
this Court did in the matter of this suit, decree, \or order] that
you, the High Bailiff of this Court, should [or that A,B. should]
take possession of the goods and chattels of E.F, deceased, in the
said suit mentioned, and which at the date of the said order were
in the possession of the Defendant [and sell and convert the same
into money or keep and hold the same to abide the further order
of the Court, as the case may be.]
These are therefore by virtue of the said decree [or order] and
the statute in such case made and provided to will and require,
authorize and empower, you and every one of you to whom this
warrant is directed forthwith to enter into and upon the house
and houses of the said CD, and also in all other place or places
belonging to the said C-D. where any of the goods or chattels,
part of the estate of the said E.F. deceased, are suspected to be ;
and there to seize all the goods and chattels whatsoever belonging
to the estate of the said E.F. deceased.
And in case of resistance, or of not having the key or keys
of any door, or lock of any premises belonging to tlie said CD.,
where any of the goods or chattels, part of the estate of the said
E.F. are suspected to be, you shall break open or cause the same
to be broken open, for the better execution of this warrant.
Given under the seal of the Court this day
of 186 .
By the Court.
To the High Bailiff of the said Court,
and others the Bailiffi) thereof.
, Registrar.
68
37.
Notice of Chanqe of Attokney.
In the County Court of hold^n
at
In the suit of A.B, v. CD.
To the Begiatrar of the Court.
Take notice that I, A.B* [or CD."] have hitherto employed as
my attorney G.H, of in the above-mentioned cause,
but that I have ceased to employ him^ and that my present
attorney is LK, of
A.B. [or CJ).]
38.
Obdeb oi* Kevivob.
In the County Court of holden
at
In the suit of A,B. y, CD,
Upon applipation of [here state by whom the application is made
and the events which have happened rendering it necessary to apply\
I do order that this suit stand revived and be in the same plight
and condition as the same was in at the time of the said abate-
ment.
Dated this day of
J.S,^ Judge.
39.
Obd£B of Payment of Leqagt into Coubt of Chancebt.
In the County Court of holden
at
In the suit of A,B. v. CD, Or^ In the matter of
Whereas it has been found by this Court by its decree of the
day of in this suit [or matter]
that K.L, of is entitled to the sum of
and whereas the said K,L. is an infant [or absent beyond seas,]
and it appearing to the Court that it is desirable that, under the
power given to it by the fifth section of the Act of Parliament
passed in the Twenty-eighth 'tod Twenty-ninth Years of Her
Majesty's Beign^ Chapter Ninety-nine, (7.Z>., the Defendant in
this suit} \pr matter^ or as the case may be,'] should be ordered to
pay such sum of money to the Accoiint$^nt General of the Court
of Chancery, in accordance with the provisions of seotipo Thirty-
two of An Act passed in the Session of Parliament held in the
Thirty-sixth Year of the Reign of His Majesty Eling George the
59
Tbiipd, Chapter Fifty-two, it is ordered that the said [ ]
to pay the same accordingly, and do within days
produce to the Registrar of this Court the Certificate of the
said Accountant General of the Payment to him of such money.
By the Court.
Registrar.
[Endobsement on last Obd£b].
N,B. — Your attention is drawn to the following provisions of
the Act 36 Geo. 3. c, 52. and to the Rule of this Court
Any legacy or sum of money to which any person who is an
infant or absent beyond seas may be found or declared entitled
by any County Court in any suit or matter under this Act may
be ordered by the Court to be paid to the Accountant General of
the Court of Chancery, in accordance with the provisions of
section Thirty ^two of An Act passed in the Session of Parliament
held in the Thirty-sixth Year of the Reign of His Majesty King
George the Third, Chapter Fifty-two ; and the person ordered to
pay the same shall, within such time as the Court shall direct,
produce to the Registrar of the Court the Certificate of the
Accountant General of the payment of such money; and if default
be made in such payment the Judge may direct a warrant of
execution to issue to the High Bailiff of the Court, who by such
warrant shall be empowered to levy or cause to be levied by
' distress and sale of the goods and chattels of such person a sum of
money equal in amount to the sum which he was ordered to pay
to the said Accountant General and to the costs incurred by
reason of such default and the sum so levied shall be paid to and
be receivable by the said Accountant General under the direction
of the Court.
Rule of Court — Where default shall be made in the production
of the certificate of the Accountant General the Registrar shall
give notice in writing to the Judge of the fact of such default,
and the Judge may thereupon direct a warrant of execution to
issue in accordance with section 5. of the Act.
40.
Obdeb of Tbanbfeb of Suit ob Matteb to Coubt
OF Chancebt.
In the County Court of holden
' at
In the suit of A.B. v. CD,, [or matter of]
Whereas it appearing that the subject matter of this suit
exceeds in amount the sum of 500/. it is ordered that this suit
\or matter] be transferred to the High Court of Chancery, together
with the annexed certificate of the Registrar of this Court,*showing
60
the state of the suit [or matter] and the proceedings that have
been had therein in this Court.
By the Court
Registrar.
41.
Genebal Heading for and Endorsement on Decretal
Order or Decree.
In the County Court of holden
at on the day
of
Upon the hearing this day of Mr. for the Plaintiffs
and upon the hearing of Mr. for the Defendants
[or if some of the Defertdants do not appear^ then for the De-
fendants CD. &c. and no one appearing for the Defendants E^
and F. ; it is ordered
Endorsement.
Take notice that unless you obey the directions contained in
this order^ obedience thereto will be enforced in such manner as
the law provides.
42,
Mem. to be placed at Foot of every Summons, Notice,
Decree, or Order op Court, or any other Process op
the Court.
Hours of attendance at the office of the Registrar [place of
office^ from ten till four, except on [here insert the day on which
the office will be closed^y when the office will be closed at one.
43.
Allowance TO Witnesses.
£ s. d. £ s. d.
Gentlemen, merchants, bankers, and pro*
fessional men, per diem - from 0100 to 1
Tradesmen, Auctioneers, Accountants,
Clerks, and feomen, per diem from
Artisans and Journeymen, per diem from
Labourers and the like, per diem from
Travelling expenses, sum reasonably paid, but no more than
Bix|)ence per mile one way.
6 to 10
3 to 5
2 to 2 3
A,— SUITS AND PROOEEDlIs'GS IN EQUITY BOOK.
No. of Plaint or Petition f. ,'
Date of Filing • '
Parties Names.
Xatdre or Suit or Proceeding.
r*twr|
for Bttbstituted [or .
other] service of
Letter I
flling.
Here enter applications
! for subpcenas, and
filing of odmigaioDS,
62
Decretal Order made on Return Day of Summons or
■ Adjournment.
Here Bet forth the nature of the
Decretal Order.
Date of
Hearing.
Date of
Adjonmment
Proceedings.
By Plaintiff.
By Defendant.
Letter
on '
filing, j
Date.
Letter
on
filing.
•
1
1 Date.
1
1 Here enter all ex
I parte applica-
tions, or other-
wise, and whether
made by Plain-
tiff or Registrar,
documents filed,
warrants issued,
&c.
Here enter all
documents filed,
&c.
•
1
1
1
Letter on
filing.
Cbktipicate.
Date.
Date on which it was directed to be prepared
for CJourt - - - - .
Application to vary by - - -
Application refused \_or eranted]
Date on which it was med as confirmed {_or as
yaried] .» .. . -
63
Letter
on
filing.
Final Dxorbe.
Date
of
making.
Here set forth shortly the particulars of the decree, such
as the acta to be done, or sums to be pud, &c.
Letter
on
filing.
Appbal.
Date.
Here enter proceedings had.
•
Letter
on
filing.
Costs Taxed,
£ s, d.
Date.
r -
Plaintiffs' Bill ;
Defendants' Bill;
state out of what fund to be paid, &c.
•
64
!2;
o
h-l
H
O
h-l
Q
m
O
HH
O
P^
pq
t3
»-3
P4
o
1
PQ
1
•
<J
w
H
pq
•
*3
C
F
Q
-<
1
o
••^
^H
•
o
H
pC)
^
&t
fS
9^
2
•
>< _:
1
<M O fl
»«•!
t
No
Plaii
Peti
1
i
1
•
■ta»
ed
fi
1
1
t
■
♦5
fl
1
i
i
<1
1
•
o
•prt
^-4
o
I
-I
•
WJl*!^
QD
H
Pk
H
V
ig
<M o a
*9l
O'd*^
i^l^
<
^
^
w~r
65
^ O
• fH •fH
o
O
»^
PQ
I
^
=3
<SH
U
o
4P
-w
•M
s^
• PH
«?
03
3
<D
®
-d^
-M
->a
S3 o 2>
<5 ^-^
Pi O
(SI"
1
O
OQ
P
CO
•i-i
•
^
rt tJ
x^
Oi a>
p^
a
^
«M
o
o
OD
o
'5
=3
0)
1^
u
§
o
o
ad
-M
Jz;
«
•
^
^
s
tJ
^
iJ-a
o
OS
a,
^^
p
eiS
a
••^
rC
•Ki
o
OQ
^
•r:3
a
6
(S
O
PQ
ount
ived.
B ^
< t
•*^
d
4^
fO
a
(Tl
0;
8
-g
<
B
Im
^
I
<v
PQ
c?
?^
^
TS
g
a
C
o
05
09
a
£ a
^
O tl
P-iM
0)
Cm
^
O
<u
09
a
0)
<V
o
^
B
*
OS
iz;
d d
•
"V
§
s
>
ed
C
f
g
^'^
o
oo
o
'^
r*^,
o
o
O
n
12899.
E
LONDON:
Printed by George Edwaiid £yb£ and William Sfottiswoode,
Printers to the Queen's most Excellent Majesty.